The Tees Valley Combined Authority (Functions) Order 2017

JurisdictionUK Non-devolved
CitationSI 2017/250

2017 No. 250

Local Government, England

The Tees Valley Combined Authority (Functions) Order 2017

Made 2nd 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 105(3), 105A(1)(b) and (2)(a), 107D(1), 114(1) and (3) and 117(5) of the Local Democracy, Economic Development and Construction Act 20091(“the 2009 Act”).

In accordance with section 105B(1)(b) of the 2009 Act2

(a) the councils whose local government areas are comprised in the area of the Tees Valley Combined Authority and the Tees Valley Combined Authority have consented to the making of this Order3, and

(b) the Secretary of State considers that the making of this Order is likely to improve the exercise of statutory functions in the area to which this Order relates.

The Secretary of State, having had regard to a scheme prepared and published under section 112 of the 2009 Act4, 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 Act5has been carried out.

In accordance with section 113(3) of the 2009 Act, 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 government.

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:

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1.—(1) This Order may be cited as the Tees Valley Combined Authority (Functions) 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) Article 5(1) comes into force on 8th May 2017.

Interpretation
S-2 Interpretation

Interpretation

2. In this Order—

the 1989 Act” means the Local Government and Housing Act 19896;

the 1999 Act” means the Greater London Authority Act 19997;

the 2003 Act” means the Local Government Act 20038;

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

“the 2011 Act” means the Localism Act 20119;

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

“Combined Authority” means the Tees Valley Combined Authority;

“constituent council” means the councils for the local government areas of Darlington, Hartlepool, Middlesbrough, Redcar and Cleveland and Stockton-On-Tees.

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

“Mayor” means the mayor for the combined area10except in the term “the Mayor of London”.

Conferral of functions on the Combined Authority
S-3 Conferral of functions on the Combined Authority

Conferral of functions on the Combined Authority

3.—(1) The Combined Authority shall have in relation to the combined area functions corresponding to the following functions contained in the provisions in the 2011 Act, that the Mayor of London has in relation to Greater London—

(a)

(a) section 197 (designation of Mayoral development areas);

(b)

(b) section 199 (exclusion of land from Mayoral development areas);

(c)

(c) section 200 (transfers of property etc to a Mayoral development corporation);

(d)

(d) section 202 (functions in relation to town and country planning);

(e)

(e) section 204 (removal or restriction of planning functions);

(f)

(f) section 214 (powers in relation to discretionary relief from non-domestic rates);

(g)

(g) section 215 (reviews);

(h)

(h) section 216 (transfers of property, rights and liabilities);

(i)

(i) section 217 (dissolution: final steps);

(j)

(j) section 219 (guidance by the Mayor);

(k)

(k) section 220 (directions by the Mayor);

(l)

(l) section 221 (consents);

(m)

(m) paragraph 1 of Schedule 21 (membership);

(n)

(n) paragraph 2 of Schedule 21 (terms of appointment of members);

(o)

(o) paragraph 3 of Schedule 21 (staff);

(p)

(p) paragraph 4 of Schedule 21 (remuneration etc: members and staff);

(q)

(q) paragraph 6 of Schedule 21 (committees); and

(r)

(r) paragraph 8 of Schedule 21 (proceedings and meetings).

(2) The exercise by the Combined Authority of the functions corresponding to the functions contained in section 197 (designation of Mayoral development areas) of the 2011 Act requires the consent of all members of the Combined Authority appointed by the constituent councils, or substitute members acting in place of those members, whose local government area contains any part of the area to be designated as a Mayoral development area.

(3) The exercise by the Combined Authority of the functions corresponding to the functions contained in section 199 (exclusion of land from Mayoral development areas) of the 2011 Act in respect of any Mayoral development area requires the consent of all members of the Combined Authority appointed by the constituent councils, or substitute members acting in place of those members, whose local government area contains any part of the area to be excluded from a Mayoral development area.

(4) The exercise by the Combined Authority of the functions corresponding to the functions contained in section 202(2) to (4) of the 2011 Act (functions in relation to town and country planning) in respect of any Mayoral development area requires the consent of—

(a)

(a) the North York Moors National Park Authority, if the Combined Authority proposes to exercise the functions in respect of the whole or any part of the area of the North York Moors National Park Authority11;

(b)

(b) each member of the Combined Authority appointed by a constituent council, or a substitute member acting in place of that member, whose local government area contains the whole or any part of the area in respect of which the Combined Authority proposes to exercise the functions.

(5) For the purposes of paragraphs (2), (3) and (4)(b), the consent must be given at a meeting of the Combined Authority.

Application of provisions in the 2011 Act
S-4 Application of provisions in the 2011 Act

Application of provisions in the 2011 Act

4.—(1) Chapter 2 of Part 8 of the 2011 Act (Mayoral development corporations) applies to the Combined Authority as it applies in relation to the Mayor of London, with the modifications made by the Schedule.

(2) Chapter 2 of Part 8 of the 2011 Act applies to a Corporation as it applies in relation to a Mayoral development corporation, with the modifications made by the Schedule.

(3) Subject to paragraph (7), in any enactment passed or made on or before the date on which article 1(2) comes into force—

(a)

(a) any reference to a Mayoral development corporation; or

(b)

(b) any reference which falls to be read as a reference to a Mayoral development corporation,

is to be treated as including a reference to a Corporation.

(4) For the purposes of any transfer scheme under any provisions of the 2011 Act applied with modifications by this Order, paragraph 9 of Schedule 24 to the 2011 Act (transfers under scheme under section 200(1) or (4) or 216(1)) applies in relation to—

(a)

(a) any property, rights or liabilities transferred to or from a Corporation in accordance with a transfer scheme; or

(b)

(b) anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities to or from a Corporation in accordance with such a transfer scheme,

as it applies in relation to a Mayoral development corporation.

(5) For the purposes of establishing a Corporation, giving the Corporation a name, giving effect to any decisions notified to the Secretary of State under sections 199(4) (exclusion of land from Mayoral development areas), 202(8) (decisions about planning functions) or 214(6) (powers in relation to discretionary relief from non-domestic rates) of the 2011 Act or in relation to the transfer of land to or from a Corporation under any provision of the 2011 Act, applied with modifications by this Order, the provisions in section 235 of the 2011 Act (orders and regulations) apply in relation to—

(a)

(a) the power of a Minister of the Crown to make an order under sections 198(2) (mayoral development corporations: establishment) and 200(6) (transfers of property etc to a Mayoral development corporation) of that Act; and

(b)

(b) the power of the Treasury to make regulations under paragraph 9(2) of Schedule 24 to that Act,

as they apply in relation to the establishment of a Mayoral development corporation, giving the corporation a name, giving effect to any decisions notified to the Secretary of State under sections 199(4), 202(8) or 214(6) of the 2011 Act or in relation to the transfer of land to or from a Mayoral development corporation.

(6) In this article “transfer scheme” means a transfer scheme under section 200(1) or (4) or 216(1) of the 2011 Act.

(7) Paragraph (3) does not apply to—

(a)

(a) paragraph 9(8)(a) of Schedule 2 to the Channel Tunnel Rail Link Act 1996 (works: further and supplementary provisions)12;

(b)

(b) section 31(1A) of the 1999 Act (limits of the general power)13;

(c)

(c) section 38 of the 1999 Act (delegation)14;

(d)

(d) section 60A(3) of the 1999 Act (confirmation hearings etc for certain appointments by the Mayor)15;

(e)

(e) section 68(6) of the 1999 Act (disqualification and political restriction)16;

(f)

(f) section 73 of the 1999 Act (monitoring officer)17;

(g)

(g) section 424 of the 1999 Act (interpretation)18;

(h)

(h) section 24(4) of the Planning and Compulsory Purchase...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT