The West of England Combined Authority Order 2017

Made: 8th February 2017

Coming into force in accordance with article 1

Accordingly, the Secretary of State makes the following Order:

PART 1 — General

Citation and commencement

1

• (1) This Order may be cited as the West of England Combined Authority Order 2017.

• (2) This Order comes into force as provided for in the following paragraphs.

• (3) Parts 1, 2, 3, 6 and 8 come into force on either—

• (a) 1st February 2017, or

• (b) if the Order is made on or after 1st February 2017, on the day after the day on which the Order is made.

• (4) Parts 5 and 7 come into force on 8th May 2017.

• (5) Part 4 comes into force on 8th May 2018.

Interpretation

2

In this Order—

• “the 1985 Act” means the Housing Act 1985[^f00005];

• “the 1989 Act” means the Local Government and Housing Act 1989[^f00006];

• “the 1990 Act” means the Town and Country Planning Act 1990[^f00007];

• “the 1999 Act” means the Greater London Authority Act 1999[^f00008];

• “the 2000 Act” means the Transport Act 2000[^f00009];

• “the 2003 Act” means the Local Government Act 2003[^f00010];

• “the 2004 Act” means the Planning and Compulsory Purchase Act 2004[^f00011];

• “the 2008 Act” means the Housing and Regeneration Act 2008[^f00012];

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

• “the 2011 Act” means the Localism Act 2011[^f00013];

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

• “Combined Authority” means the West of England Combined Authority as constituted by article 3;

• “constituent councils” means the councils for the local government areas of Bath and North East Somerset, Bristol City and South Gloucestershire;

• “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;

• “the HCA” means the Homes and Communities Agency[^f00014]; and

• “Mayor”, except in the term “Mayor of London”, means the mayor for the Combined Authority as provided for by article 5.

PART 2 — Establishment of a combined authority for the West of England; election of the Mayor; funding

Establishment

3

• (1) There is established as a body corporate a combined authority for the areas of the constituent councils.

• (2) The combined authority is to be known as the West of England 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.

Mayor

5

• (1) There is to be a mayor for the Area.

• (2) The first election for the return of a mayor is to take place on 4th May 2017.

• (3) Subsequent elections for the return of a mayor for the Area must take place in every fourth year thereafter on the same day as the ordinary day of election.

• (4) The term of office of the mayor returned at an election for the return of a mayor for the Area—

• (a) begins with the fourth day after the day of the poll at the election for the return of a mayor for the Area; and

• (b) ends with the third day after the day of the poll at the next election for the return of a mayor for the Area.

• (5) In this article, “the ordinary day of election”, in relation to any year, means the day which is the ordinary day of election in that year of councillors for counties in England and districts in accordance with sections 37 and 37A of the Representation of the People Act 1983[^f00015].

Funding

6

• (1) The constituent councils must meet any reasonably incurred costs of the Combined Authority, other than the costs mentioned in paragraph (4), to the extent that the Combined Authority has not decided to meet these costs from other resources available to the Combined Authority.

• (2) Any amount payable by each of the constituent councils to ensure that the costs of the Combined Authority referred to in paragraph (1) are met is to be determined by apportioning such costs between the constituent councils in such proportions as they may agree or, in default of such agreement, in proportion to the total resident population of the Area which resides in that council at the relevant date as estimated by the Statistics Board[^f00016].

• (3) The functions mentioned in articles 8(1), (4) and 9 may be funded out of the levy issued by the Combined Authority to the constituent councils under section 74 of the Local Government Finance Act 1988 (levies)[^f00017] and in accordance with the Transport Levying Bodies Regulations 1992[^f00018].

• (4) Subject to paragraph (5), the constituent councils must meet the costs of the expenditure reasonably incurred in, or in connection with, the exercise of the functions specified in articles 7, 10, 12(1)(a) to (e), 13 and 23 and the functions conferred on the Combined Authority by article 3 of the West of England Combined Authority (Business Rate Supplements Functions) Order 2018, to the extent that the Mayor has not decided to meet these costs from other resources available to the Combined Authority.

• (5) In relation to the expenditure mentioned in paragraph (4), to the extent to which such expenditure is met by amounts payable under arrangements made under paragraph (2)—

• (a) the Mayor must agree with the Combined Authority the total expenditure mentioned in paragraph (4) in advance of incurring this expenditure; and

• (b) in the absence of the agreement specified in sub-paragraph (a), no such expenditure may be incurred.

• (6) Section 39(1)(ab) of the Local Government Finance Act 1992[^f00019] (precepting and precepting authorities) has effect in relation to the Combined Authority as if after “2009” there were inserted “other than the West of England Combined Authority”.

• (7) 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 financial year in which such payment is made.

PART 3 — Transport

Power to pay grant

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• (1) The functions of a Minister of the Crown specified in section 31 of the 2003 Act (power to pay grant) are functions of the Combined Authority that are exercisable in relation to the Area.

• (2) These functions are exercisable by the Combined Authority concurrently with a Minister of the Crown.

• (3) Paragraph (4) applies where, in exercising the functions referred to in paragraphs (1) and (2), the Combined Authority determines an amount of grant to be paid towards expenditure incurred or to be incurred by a constituent council in relation to the exercise of its highway functions.

• (4) In determining that amount, the Combined Authority must have regard to the desirability of ensuring that the council has sufficient funds to facilitate the effective discharge of those functions.

• (5) To comply with paragraph (4), the Combined Authority must take into account—

• (a) any other sources of funding available to the council for expenditure incurred or to be incurred in relation to the exercise of its highway functions; and

• (b) the most recent determination by the Secretary of State of an amount of grant paid to the council for those purposes.

• (6) For the purposes of the exercise by the Combined Authority of the functions referred to in paragraphs (1) and (2), section 31 of the 2003 Act has effect as if—

• (a) in subsection (1)—

• (i) the reference to a Minister of the Crown were a reference to the Combined Authority;

• (ii) the reference to a local authority in England were a reference to a constituent council;

• (b) subsection (2) were omitted;

• (c) in subsections (3) and (4), the references to the person paying it (the grant) were references to the Combined Authority;

• (d) subsection (6) were omitted.

• (7) In this article “highway functions” means functions exercisable by a constituent council (in whatever capacity) in relation to the highways for which it is the highway authority.

• (8) The exercise by the Combined Authority of the function specified in paragraph (1) on or before 7th May 2017 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.

Local transport

8

• (1) Subject to paragraph (2), the following are exercisable by the Combined Authority in relation to the Area—

• (a) the functions of the constituent councils specified in Parts 4 (local passenger transport services) and 5 (financial provisions) of the Transport Act 1985[^f00020]; and

• (b) the functions of the constituent councils as local transport authorities specified in Part 2 (local transport) of the 2000 Act.

• (2) Functions which are exercisable by the constituent councils and contained in regulations made under section 144 of the 2000 Act (civil penalties for bus lane contraventions) are not exercisable by the Combined Authority.

• (3) Subject to paragraph (4), the functions mentioned in paragraph (1) are exercisable by the Combined Authority instead of by the constituent councils.

• (4) The functions contained in sections 63 (functions of local councils with respect to passenger transport in areas other than integrated transport areas and passenger transport areas) and 64 (consultation and publicity with respect to policies as to services) of the Transport Act 1985 are exercisable by the Combined Authority jointly with the constituent councils.

• (5) The exercise by the Combined Authority of the functions in sections 108 (local transport plans), 109 (further provision about plans: England) and 112 (plans and strategies: supplementary) of the 2000 Act[^f00021] on or before 7th May 2017 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.

Agreements between authorities and strategic highways companies

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• (1) The functions of the constituent councils specified in section 6 of the 1980 Act[^f00022] (powers to enter into agreements with the Minister or strategic highways companies relating to the exercise of functions with respect to trunk roads etc) are exercisable by the Combined Authority in relation to the Area.

• (2) The functions of the constituent councils as local highway authorities specified in section 8[^f00023] of the 1980 Act (power to enter into agreements with local highway authorities and strategic highways companies for the doing of certain works) are exercisable by the Combined Authority in relation to the Area.

• (3) The functions referred to in paragraphs (1) and (2) are exercisable by the Combined Authority concurrently with the constituent councils.

• (4) In this article—

• (a) “the 1980 Act” means the Highways Act 1980[^f00024]; and

• (b) “local highway authority” has the meaning given by section 329(1) of the 1980 Act[^f00025].

PART 4 — Planning

Spatial development strategy

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• (1) The Combined Authority has, in relation to the Area, functions corresponding to the functions in the 1999 Act, specified in paragraph (2), that the Mayor of London has in relation to Greater London.

• (2) The functions in the 1999 Act are—

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

• (b) section 335 (public participation)[^f00026];

• (c) section 336 (withdrawal);

• (d) section 337 (publication)[^f00027];

• (e) section 338 (examination in public)[^f00028];

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

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

• (h) section 341 (alteration or replacement)[^f00029];

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

• (j) section 346 (monitoring and data collection)[^f00030]; and

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

• (3) The exercise of any 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 by the Combined Authority requires a unanimous vote in favour by all members of the Combined Authority, 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 10

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• (1) This article has effect in consequence of article 10(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 2.

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

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

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

• (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 2; and

• (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 2, in any enactment (whenever passed or made)—

• (a) any reference to a spatial development strategy; or

• (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 10(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 Act[^f00031] apply 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 2.

• (6) Paragraph (4) does not apply to—

• (a) section 41 of the 1999 Act (general duties of the Mayor in relation to his strategies)[^f00032];

• (b) section 356A of the 1999 Act (London Waste and Recycling Board)[^f00033];

• (c) section 10 of the London Olympic Games and Paralympic Games Act 2006[^f00034]; and

• (d) the Town and Country Planning (London Spatial Development Strategy) Regulations 2000[^f00035].

Planning applications of potential strategic importance

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

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

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

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

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

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

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

• (g) the 2008 Order.

• (2) Sections 2A, 2B, 2C, 2D, 2E and 2F of the 1990 Act 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 that Act in relation to the Combined Authority, as it applies in relation to the power of the Secretary of State to make orders under sections 2A and 2F of that Act in relation to the Mayor of London[^f00036].