The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017

JurisdictionUK Non-devolved

2017 No. 430

Local Government, England

Transport, England

The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017

Made 16th March 2017

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by sections 104(1)(a), 105(1) and (3), 105A(1)(a) and (b), (2), (3)(b), (6), (7), 107D(1) and (7)(a) to (e), 114 and 117(5) of the Local Democracy, Economic Development and Construction Act 20091(“the 2009 Act”).

The Secretary of State, having had regard to a scheme prepared and published under section 112 of the 2009 Act2, considers that—

(a) the making of this Order is likely to improve the exercise of statutory functions in the area to which this Order relates, and

(b) any consultation required by section 113(2) of the 2009 Act3has been carried out.

In making this Order, the Secretary of State has had regard to the need to reflect the identities and interests of local communities, and the need to secure effective and convenient local government4.

In accordance with sections 104(10), 105(3A), 105B(2)5and 113D(2) of the 2009 Act the Liverpool City Region Combined Authority and the district councils whose areas are comprised in the area of that combined authority have consented to the making of 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.

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.

Accordingly, the Secretary of State makes the following Order:

1 General

PART 1

General

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1.—(1) This Order may be cited as the Liverpool City Region Combined Authority (Functions and Amendment) Order 2017

(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 5, 10 to 17, 19, 20 and 21(2)(a) and (b) come into force on 8th May 2017.

Interpretation
S-2 Interpretation

Interpretation

2. In this Order—

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

“the 1988 Act” means the Road Traffic Act 19887;

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 2003 Act” means the Local Government Act 200311;

“the 2004 Act” means the Planning and Compulsory Purchase Act 200412;

“the 2008 Act” means the Housing and Regeneration Act 200813;

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

“the 2011 Act” means the Localism Act 201114;

“the 1996 Regulations” means the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 199615;

“the 2008 Order” means the Town and Country Planning (Mayor of London) Order 200816;

“the 2014 Order” means the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 201417;

“the Area” means the area of the Combined Authority;

“constituent councils” means the district councils for the local government areas of Halton, Knowsley, Liverpool, St Helens, Sefton, and Wirral;

“the Combined Authority” means the Liverpool City Region Combined Authority, a body corporate established by the 2014 Order18;

“Corporation” means a corporation established by the Secretary of State in accordance with the provisions in section 198 of the 2011 Act, with the modifications made by Schedule 4, following the designation of an area of land by the Combined Authority;

“the HCA” means the Homes and Communities Agency19;

“highway functions” means the functions which are exercisable by a constituent council (in whatever capacity) in relation to the highways for which they are the highway authority; and

“the Mayor” means the mayor for the Area20except where the reference is to the Mayor of London.

2 Planning

PART 2

Planning

Spatial development strategy
S-3 Spatial development strategy

Spatial development strategy

3.—(1) The Combined Authority shall have, in relation to the Area, functions corresponding to functions in the 1999 Act that the Mayor of London has in relation to Greater London, which are specified in the following provisions in the 1999 Act—

(a)

(a) section 334 (the spatial development strategy);

(b)

(b) section 335 (public participation)21;

(c)

(c) section 336 (withdrawal);

(d)

(d) section 337 (publication)22;

(e)

(e) section 338 (examination in public)23;

(f)

(f) section 339 (review of matters affecting the strategy);

(g)

(g) section 340 (reviews of the strategy);

(h)

(h) section 341 (alteration or replacement)24;

(i)

(i) section 342 (matters to which the Mayor is to have regard);

(j)

(j) section 346 (monitoring and data collection)25; and

(k)

(k) section 348 (mayor’s functions as to planning around Greater London).

(2) The exercise by the Combined Authority of the functions corresponding to the functions in sections 335 (public participation), 336 (withdrawal), 337 (publication) and 341 (alteration or replacement) of the 1999 Act requires a unanimous vote in favour by all members of the Combined Authority appointed by the constituent councils, or substitute members acting in place of those members, to be carried at a meeting of the Combined Authority.

Adaptation of enactments in consequence of article 3
S-4 Adaptation of enactments in consequence of article 3

Adaptation of enactments in consequence of article 3

4.—(1) This article has effect in consequence of article 3(1).

(2) Part 8 of the 1999 Act applies in relation to the preparation and publication of a spatial development strategy by the Combined Authority as it applies in relation to the preparation and publication of a spatial development strategy by the Mayor of London, with the modifications made by Part 1 of Schedule 1.

(3) Sections 343 (regulations) and 420 of the 1999 Act (orders and regulations) apply in relation to the functions of the Secretary of State to make regulations by statutory instrument under section 343(1) with respect to all or any of the following —

(a)

(a) the form and content of the spatial development strategy published by the Combined Authority;

(b)

(b) the documents (if any) the Secretary of State requires to accompany the spatial development strategy published by the Combined Authority;

(c)

(c) the procedure to be followed by the Combined Authority in connection with the preparation, withdrawal, publication, making, review, alteration or replacement of the spatial development strategy, or in connection with any review under section 339 as modified by Part 1 of Schedule 1; and

(d)

(d) the procedure to be followed at an examination in public examining matters affecting the consideration of the spatial development strategy,

as they apply in relation to the functions of the Secretary of State to make such regulations in relation to the spatial development strategy published by the Mayor of London.

(4) Subject to paragraph (6) and to Schedule 1, in any enactment passed or made on or before 8th May 2017—

(a)

(a) any reference to a spatial development strategy, or

(b)

(b) any reference which falls to be read as a reference to a spatial development strategy,

is to be treated as including a reference to a strategy prepared and published in accordance with the function conferred by article 3(1).

(5) Sections 19 (preparation of local development documents), 24 (conformity with regional strategy), 37 (interpretation), 38 (development plan) and 113 (validity of strategies, plans and documents) of the 2004 Act26apply in relation to the preparation and publication of a spatial development strategy by the Combined Authority as they apply in relation to the preparation and publication of a spatial development strategy by the Mayor of London, with the modifications made by Part 2 of Schedule 1.

(6) Paragraph (4) does not apply to—

(a)

(a) section 41 of the 1999 Act (general duties of the Mayor in relation to his strategies)27;

(b)

(b) section 356A of the 1999 Act (London Waste and Recycling Board)28;

(c)

(c) section 10 of the London Olympic Games and Paralympic Games Act 200629; and

(d)

(d) the Town and Country Planning (London Spatial Development Strategy) Regulations 200030.

Planning applications of potential strategic importance
S-5 Planning applications of potential strategic importance

Planning applications of potential strategic importance

5.—(1) The Combined Authority shall have, in relation to the Area, functions corresponding to the following functions that the Mayor of London has in relation to Greater London—

(a)

(a) section 2A of the 1990 Act (the Mayor of London: applications of potential strategic importance)31;

(b)

(b) section 2B of the 1990 Act (section 2A: supplementary provisions)32;

(c)

(c) section 2C of the 1990 Act (matters reserved for subsequent approval)33;

(d)

(d) section 2E of the 1990 Act (section 2A and planning obligations under section 106)34;

(e)

(e) section 2F of the 1990 Act (representation hearings)35;

(f)

(f) section 74 of the 1990 Act (directions etc. as to method of dealing with applications)36;

(g)

(g) the 2008 Order.

(2) Sections 2A, 2B, 2C, 2D, 2E and 2F of the 1990 Act and the 2008 Order apply in relation to the consideration of applications of potential strategic importance by the Combined Authority as they apply in relation to the consideration of applications of potential strategic importance by the Mayor of London.

(3) In section 2A(3)(a) of the 1990 Act as applied by paragraph (2) the references to “Greater London” are to be read as references to “the Area”.

(4) The provisions in section 333 of the 1990 Act (orders and regulations) apply in relation to the power of the Secretary of State to make orders under sections 2A and 2F of...

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