The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014

Made: 31st March 2014

Coming into force in accordance with article 1

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

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Schedule 1 (which makes provision about the constitution of the Combined Authority) has effect.

Funding

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• (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[^f00003], 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.

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• (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

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• (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

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• (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[^f00004]; and

• (b) Part 2 of the Transport Act 2000[^f00005].

• (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

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• (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

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• (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[^f00006] (arrangements for the discharge of functions) to the Combined Authority the Executive is to be treated as if it were an officer of the Combined Authority.

Other transport functions

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• (1) There are delegated to the Combined Authority the functions of the constituent councils under section 2 of the Road Traffic Reduction Act 1997 (duty of principal councils to make reports).

• (2) Sections 237A to 237E of the Local Government Act 1972[^f00007] (fixed penalty notices) shall apply in relation to the Combined Authority so far as those provisions relate to the Mersey Tunnel Byelaws 2003[^f00008].

• (3) The Combined Authority has power to enter into agreements as if it were a highway authority under section 8 of the Highways Act 1980[^f00009] and also a traffic authority under the Road Traffic Regulation Act 1984[^f00010] and a street authority under section 49 of the New Roads and Street Works Act 1991.

• (4) The costs incurred by the Combined Authority in discharging the functions exercisable by it by virtue of this article shall, except so far as the constituent councils agree otherwise, be defrayed by the Combined Authority.

• (5) The costs so defrayed shall, for the purposes of section 74(10) of the Local Government Finance Act 1988, fall to be treated as expenses attributable to the exercise of the Combined Authority’s functions relating to transport.

• (6) The functions delegated by paragraph (1) are not exercisable by the constituent councils either concurrently or instead of the Combined Authority, except so far as the Combined Authority sub-delegates any such functions back to a constituent council.

• (7) In the application of section 101 of the Local Government Act 1972 (arrangements for the discharge of functions) to the Combined Authority the functions delegated to the Combined Authority by paragraph (1) are to be treated as if they were functions of the Combined Authority.

Continuity

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• (1) Nothing in this Part of the Order affects the validity of anything done by or in relation to the ITA or Halton Council in relation to the functions transferred under this Part before the commencement date.

• (2) There may be continued by or in relation to the Combined Authority anything (including legal proceedings) which—

• (a) relates to any of the functions, property, rights or liabilities transferred to the Combined Authority; and

• (b) is in the process of being done by or in relation to the ITA, or Halton Council in relation to the functions transferred under this Part, immediately before the commencement date.

• (3) Anything which—

• (a) was made or done by or in relation to the ITA or to Halton Council for the purposes of or otherwise in connection with any of the functions, property, rights or liabilities transferred; and

• (b) is in effect immediately before the transfer takes effect,

has effect as if made or done by or in relation to the Combined Authority.

• (4) The Combined Authority shall be substituted for the ITA in any instruments, contracts or legal proceedings which—

• (a) relate to any of the functions, property, rights or liabilities transferred; and

• (b) are made or commenced before the transfer takes effect.

• (5) A reference in this article to anything made or done by or in relation to the ITA includes a reference to anything which by virtue of any enactment is to be treated as having been made or done by or in relation to the ITA.

• (6) In relation to the rights and liabilities transferred under article 6(3), references in the foregoing provisions of this article to the Combined Authority are to be treated as references to the Executive.

PART 4 — Additional functions

Economic development and regeneration functions

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• (1) The functions of the constituent councils set out in Schedule 2 are exercisable by the Combined Authority in relation to its area.

• (2) The functions are exercisable concurrently with the constituent councils.

• (3) Any requirement in any enactment for a constituent council to exercise such a function may be fulfilled by the exercise of that function by the Combined Authority.

Incidental provisions

14

The following provisions shall have effect as if the Combined Authority were a local authority for the purposes of these provisions—

• (a) section 142(2) of the Local Government Act 1972 (the power to arrange for publication of information etc relating to the functions of the authority); and

• (b) section 222 of the Local Government Act 1972 (the power to prosecute and defend legal proceedings).

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• (1) The Combined Authority shall have the power to exercise any of the functions described in subsection (1)(a) and (b) of section 88 of the Local Government Act 1985[^f00011] (research and collection of information) whether or not a scheme is made under that section.

• (2) For the purposes of paragraph (1) of this article, paragraphs (a) and (b) of section 88(1) of the Local Government Act 1985 shall have effect as if a reference to “that area” were a reference to the combined area.

16

Section 13 of the Local Government and Housing Act 1989[^f00012] (voting rights of members of certain committees) shall have effect as if—

• (a) in subsection (4) after paragraph (h) there were inserted—

(i) subject to subsection (4A), a committee appointed by the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority;

; and

• (b) after subsection (4) there were inserted—

(4A) A person who is a member of a committee falling within paragraph (i) of subsection (4) or a sub-committee appointed by such a committee shall for all purposes be treated as a non-voting member of that committee or sub-committee unless that person is a member of one of the constituent councils as defined by article 2 of the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014.

17

Regulation 64 of the Local Government Pension Scheme Regulations 2013[^f00013] (special circumstances where revised actuarial valuations and certificates must be obtained) shall have effect as if after paragraph (8) there were inserted—

(8A) Paragraph (8B) applies where the exiting employer is the Merseyside Integrated Transport Authority (“the ITA”) and the liabilities of the fund in respect of benefits due to the ITA’s current and former employees (or those of any predecessor authority) have been or are to be transferred to the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority as a result of the establishment of the combined authority by article 3(1) of the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014. (8B) Where this paragraph applies, no exit payment is due under paragraph (1) and paragraph (2) does not apply.

SCHEDULE 1 — Constitution

Membership

1

• (1) Each constituent council shall appoint one of its elected members as a member of the Combined Authority.

• (2) Each constituent council shall appoint another elected member as a member of the Combined Authority in the absence of the member appointed under sub-paragraph (1) (“the substitute member”).

• (3) The Local Enterprise Partnership shall nominate one of its members to be a member of the Combined Authority (“Local Enterprise Partnership Member”).

• (4) The Local Enterprise Partnership shall nominate another of its members to act as a member of the Combined Authority in the absence of the member appointed under sub-paragraph (5) (“the substitute member”).

• (5) The Combined Authority shall appoint a member nominated by the Local Enterprise Partnership as a member of the Combined Authority (“Local Enterprise Partnership Member”).

• (6) The Combined Authority shall appoint another member nominated by the Local Enterprise Partnership to act as a member of the Combined Authority in the absence of the member appointed under sub-paragraph (5) (“the substitute member”).

• (7) For the purposes of this Schedule any reference to a member is to be treated as including a reference to the Local Enterprise Partnership Member.

• (8) A person ceases to be a member or substitute member of the Combined Authority if they cease to be—

• (a) a member of the constituent council that appointed them; or

• (b) a member of the Local Enterprise Partnership that nominated them.

• (9) A person may resign as a member or substitute member of the Combined Authority by written notice served on the proper officer of the council or the chairman or vice-chairman of the Local Enterprise Partnership (as the case may be) of—

• (a) the constituent council that appointed them; or

• (b) the Local Enterprise Partnership that nominated them

and the resignation shall take effect on receipt of the notice by the proper officer of the council or chairman or vice-chairman of the Local Enterprise Partnership (as the case may be).

• (10) Where a member or substitute member’s appointment ceases by virtue of sub-paragraph (8) or (9)—

• (a) the constituent council that made the appointment must, as soon as practicable, give written notice of that fact to the Combined Authority and appoint another of its elected members in that person’s place;

• (b) the Local Enterprise Partnership must, as soon as practicable, give written notice of that fact to the Combined Authority and nominate another of its members in that person’s place.

• (11) The Combined Authority shall appoint a member nominated under sub-paragraph (10)(b) at the next ordinary meeting of the Combined Authority.

• (12) A constituent council may at any time terminate the appointment of a member or substitute member appointed by it to the Combined Authority and appoint another of its elected members in that person’s place.