The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018

Made: 1st November 2018

Coming into force in accordance with article 1

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PART 1 — General

Citation and commencement

1

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Interpretation

2

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PART 2 — Establishment of the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority

Establishment of the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority and renaming of the former Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority

3

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Constitution of the Combined Authority

4

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Mayor

5

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Political advisers

6

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PART 3 — Transport

Transfer of functions etc. relating to transport

7

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Establishment of joint transport committee

8

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Functions to be exercised by joint transport committee

9

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Passenger Transport Executive

10

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Amendments to the Transport Act 1968

11

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Modifications to the Transport Act 2000

12

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PART 4 — Housing and regeneration

Housing and regeneration

13

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Conferral of functions the Homes and Communities Agency has in relation to the combined area

14

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PART 5 — Mayoral development corporation

Mayoral development corporation

15

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Application of provisions in the Localism Act 2011

16

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Mayoral development corporation: incidental provisions

17

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PART 6 — Additional functions

Education, skills and training functions

18

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Other functions

19

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Incidental provisions

20

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21

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22

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23

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24

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Data sharing

25

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PART 7 — Mayoral functions and funding

Functions exercisable only by the Mayor

26

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Funding

27

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Continuity

28

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Amendments to the 2014 Order

29

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SCHEDULE 1 — Constitution of the Combined Authority

Membership

1

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Interim Mayor

2

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Chair and vice chair(s)—Interim Mayor

3

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Proceedings

4

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Remuneration

5

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Committees—functions exercisable by the Combined Authority other than the functions conferred by Part 3

6

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Records

7

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Standing orders

8

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SCHEDULE 2 — Constitution of joint transport committee

Membership of joint transport committee

1

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Chair and vice-chair of the joint transport committee

2

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Proceedings of joint transport committee

3

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Overview and scrutiny committee of the joint transport committee

4

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5

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SCHEDULE 3

PART 1 — Modification of the application of Chapters 1 and 2 of Part 1 of the 2008 Act

1

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PART 2 — Modification of the application of Schedules 2 to 4 to the 2008 Act

2

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SCHEDULE 4 — Modification of the application of Part 8 of the 2011 Act

1

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SCHEDULE 5

PART 1 — Amendments to the Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014 to change boundary

1

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PART 2 — Amendments to the Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014 as a consequence of establishment of joint transport committee

2

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Signed

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Jake Berry — Parliamentary Under Secretary of State — Ministry of Housing, Communities and Local Government — 1st November 2018

Explanatory note

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Footnotes

[^f00001]: The conditions for making an order under section 105A are met as a proposal for the making of the order in relation to the combined authority was made to the Secretary of State by the appropriate authorities in accordance with section 105B(1)(a).

[^f00002]: The conditions for making an order under section 107A are met as a proposal for the making of the order in relation to the combined authority was made to the Secretary of State by the appropriate authorities in accordance with section 107B(1).

[^f00003]: 2009 c. 20. Section 103 was amended by sections 12 and 14 of the Cities and Local Government Devolution Act 2016 (c. 1) (“the 2016 Act”). Section 104 was amended by sections 8 and 14 of, and Schedule 5 to, the 2016 Act. Section 105 was amended by sections 6, 9 and 14 of the 2016 Act. Section 105A was inserted by section 7 of the 2016 Act. Section 106 was amended by section 12, 14 and Schedule 5 to the 2016 Act. Section 107A was inserted by section 2 of the 2016 Act. Section 107D was inserted by section 4 of the 2016 Act and amended by section 8 of the Policing and Crime Act 2017. Section 114 was amended by Schedule 5 to the 2016 Act. Section 115 was amended by Schedule 5 to the 2016 Act. Subsections (2), (2A) and (3) of section 117 were substituted by section 13 of the Localism Act 2011 (c. 20) and section 117(5) was inserted by paragraph 29 of Schedule 5 to the 2016 Act. Schedules 5A and 5B were inserted by Schedules 3 and 1 respectively to the 2016 Act.

[^f00004]: 1985 c. 68.

[^f00005]: 1989 c. 42.

[^f00006]: 1999 c. 29.

[^f00007]: 2003 c. 26.

[^f00008]: 2008 c. 17.

[^f00009]: 2011 c. 20.

[^f00010]: S.I. 2014/1012.

[^f00012]: Section 9 was amended by sections 61 and 204 of, and paragraph 2 of Schedule 2 to, the Local Government and Public Involvement in Health Act 2007 and by S.I. 2001/2237. There are other amendments not relevant to this Order.

[^f00013]: 1985 c.67.

[^f00014]: 2000 c.38.

[^f00015]: 1988 c. 41. Section 74 was amended by section 117 of and paragraph 72 of Schedule 13 to the Local Government Finance Act 1992 (c. 14); section 20 of and paragraph 21 of Schedule 6 to the Local Government (Wales) Act 1994 (c. 19); section 120 of and Schedule 24 to the Environment Act 1995 (c. 25); section 105 of the Greater London Authority Act 1999 (c. 29); section 109 of and paragraph 305(a) of Schedule 8 to the Courts Act 2003 (c. 39); section 53 of and paragraph 68 of Schedule 1 to the Fire and Rescue Services Act 2004 (c. 21); section 22 of and paragraph 16 of Schedule 1 to the Local Government and Involvement in Public Health Act 2007 (c. 28); sections 119 and 146 of and paragraphs 74 and 75 of Schedule 6 and Part 4 of Schedule 7 to the 2009 Act; section 99 of and paragraph 182(a) of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13); section 79 of and paragraphs 1 and 2 of Schedule 7 to the Localism Act 2011 (c. 20); section 9 of the Cities and Local Government Devolution Act 2016 (c. 1) and by S.I. 1994/2825.

[^f00016]: 1968 c. 73.

[^f00017]: Section 113A was inserted by section 13 of the Localism Act 2011 and amended by section 23 of and paragraph 25 of Schedule 5 to the Cities And Local Government Devolution Act 2016. Economic prosperity boards (EPBs) are bodies corporate established under section 88 of the 2009 Act.

[^f00018]: 1972 c. 70.

[^f00019]: To which there are amendments not relevant to this Order.

[^f00020]: 2008 c. 26.

[^f00021]: Section 9 was amended by paragraph 1 of Schedule 18 to the Local Government (Scotland) Act 1973 (c. 65); by sections 57 and 58 of, paragraph 3 of Schedule 3 to and Schedule 8 to the Transport Act 1985; by paragraph 80 of Schedule 13 to the Local Government (Scotland) Act 1994 (c. 39); by section 49 and Schedule 8 to the Deregulation Act 2015 (c. 20) and in relation to England and Wales only by section 98 of, paragraph 2 of Schedule 4 to and Part 4 of Schedule 7 to the Local Transport Act 2008 and by S.I. 2011/908, S.I. 2014/864, S.I. 2014/866 and by S.I. 2016/653.

[^f00022]: Section 108 was amended by section 3 of and paragraph 2 of the Schedule to the Transport (Wales) Act 2006 (c. 5); sections 7 to 9 , 77 and 131 of and paragraphs 41 and 42 of Schedule 4 to and Part 1 of Schedule 7 to the Local Transport Act 2008; and by section 119 and paragraph 96 of Schedule 6 to the 2009 Act.

[^f00023]: Section 123A was inserted by section 4 of the Bus Services Act 2017 (c. 21).

[^f00024]: 1985 c. 68. Section 8 was amended by paragraph 62 of Schedule 11 to the 1989 Act and section 124 of the Housing and Planning Act 2016 (c. 22).

[^f00025]: Section 11 was amended by section 198 of and paragraph 103 of Schedule 6 to the Licensing Act 2003 (c. 17).

[^f00026]: Section 12 was amended by S.I. 2010/844.

[^f00027]: Section 17 was amended by section 222 of and paragraph 24 of Schedule 18 to the Housing Act 1996 (c. 52).

[^f00028]: Section 11 was amended by section 32(1) and (2) of the Infrastructure Act 2015 (c. 7).

[^f00029]: Section 200 was amended by section 151(1) of, and paragraphs 174 and 178 of Part 2 of Schedule 4 to, the Co-operative and Community Benefit Societies Act 2014 (c. 14).

[^f00030]: Section 216(4) was amended by section 151(1) of, and paragraphs 174 and 179 of Part 2 of Schedule 4 to, the Co-operative and Community Benefit Societies Act 2014.

[^f00031]: 1996 c. 61. Paragraph 9(8) of Schedule 2 was amended by paragraph 43 of Schedule 22 to the 2011 Act.

[^f00032]: Section 31 was amended by section 186 of, and paragraphs 44 and 45 of Schedule 22 and Parts 31 and 32 of Schedule 25 to, the 2011 Act, section 33 of the Infrastructure Act 2015 and by S.I. 2012/1530.

[^f00033]: Section 38 was amended by paragraphs 36 and 37 of Schedule 19, paragraphs 4 and 5 of Schedule 20, paragraphs 44 and 46 of Schedule 22 and Part 32 of Schedule 25 to the 2011 Act, section 28 of the Growth and Infrastructure Act 2013 (c. 27) and article 2 of S.I. 2012/1530.

[^f00034]: Section 60A was inserted by section 4 of the Greater London Authority Act 2007 (c. 24) and amended by section 224 of the Planning Act 2008 (c. 29), section 20 of the Police Reform and Social Responsibility Act 2011, paragraphs 44 and 47 of Schedule 22 and Part 32 of Schedule 25 to the 2011 Act and articles 1, 2 and 36 of S.I. 2008/2038.

[^f00035]: Section 68 was amended by paragraphs 44 and 48 of Schedule 22 and Part 32 of Schedule 25 to the 2011 Act.

[^f00036]: Section 73 was amended by sections 7 and 9 of, and Schedule 2 to, the Greater London Authority Act 2007, paragraph 16 of Part 2 of Schedule 12 to the Local Government and Public Involvement in Health Act 2007, paragraphs 36 and 38 of Schedule 19, paragraphs 44 and 49 of Schedule 22, Part 32 of Schedule 25 to the 2009 Act and paragraphs 1 and 5 of Part 1 to the Schedule to S.I. 2000/1435.

[^f00037]: Section 403B was inserted by section 36(1) and (2) of the Neighbourhood Planning Act 2017.

[^f00038]: Section 424 was amended by section 1159 of the Companies Act 2006 (c. 46), sections 11, 12, 21, 22 of the Greater London Authority Act 2007, section 3 of the Police Reform and Social Responsibility Act 2011 and paragraphs 44 and 52 of Schedule 22 and Part 32 of Schedule 25 to the 2011 Act.

[^f00039]: 2004 c. 5. Section 24 was amended by paragraph 15 of Schedule 5 and paragraph 1 of Part 4 of Schedule 7 to the 2009 Act and by paragraphs 54 and 55 of Schedule 22 to the 2011 Act.

[^f00040]: 2008 c. 18. Paragraph 8 of Schedule 2 to the Crossrail Act 2008 was amended by paragraph 58 of Schedule 22 to the 2011 Act.

[^f00041]: Section 1 was amended by section 80 of the Local Government Act 1972 , Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24), paragraphs 199 and 200 of Part 2 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 and by section 123 of and paragraph 61 of Schedule 1 to the Policing and Crime Act 2017 (c. 3).

[^f00042]: Section 3A was inserted by section 202(2) of the Local Government and Public Involvement in Health Act 2007 and amended by Part 1 of Schedule 7 to the 2009 Act and paragraph 4 of Part 1 of Schedule 25 to the 2011 Act.

[^f00043]: Section 5 was amended by Part 1 of Schedule 4 to the Police and Magistrates’ Courts Act 1994 (c. 29), paragraph 1 of Schedule 7 to the Police Act 1996 (c. 16), section 132 of the 1999 Act, paragraph 24 of Schedule 5 to the Local Government Act 2000 (c. 22), paragraph 14 of Part 2 to Schedule 12 and Part 14 of Schedule 18 to the Local Government and Public Involvement in Health Act 2007, paragraphs 12 and 13 of Schedule 14 and Part 4 of Schedule 22 to the Marine and Coastal Access Act 2009 (c. 23), paragraphs 199 and 202 of Part 3 of Schedule 16 to the Police Reform and Social Responsibility Act 2011, sections 6 and 9 of and paragraph 63 of Schedule 1 and paragraph 88 of Schedule 2 to the Policing and Crime Act 2017 and articles 1(2), 2(l) and 23(1)(a) to (f) of SI 2001/2237.

[^f00044]: Section 51A was inserted by section 44 of the Apprenticeships, Skills, Children and Learning Act 2009 and was amended by S.I. 2010/1158.

[^f00045]: Sections 15ZA, 15ZB, 15ZC, 18A , 514A and 560A were inserted by sections 41, 42 , 45 to 48 of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), and by S.I. 2010/1158. Section 15ZA was amended by paragraph 5 of Schedule 3 to the Children and Families Act 2014 (c. 6), by paragraph 44 of Schedule 14(2) to the Deregulation Act 2015 and by S.I. 2015/1852. Section 15ZC was amended by S.I. 2015/1852. Section 17A was also amended by sections 30 and 82 of the Education Act 2011 and paragraph 16 of Schedule 2 to SI 2010/1158. Section 18A was also amended by the Education Act 2011 (c. 21), sections 30 and 82 and by paragraph 8 of Schedule 3 to the Children and Families Act 2014. Section 514A was amended by paragraph 50 of Schedule 3 to the Children and Families Act 2014. Section 560A was amended by paragraph 54 of Schedule 3 to the Children and Families Act 2014.

[^f00046]: Section 13A was inserted by section 59 of, and paragraph 3 of Schedule 2 to, the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) and amended by section 82 of, and paragraph 4 of Schedule 3 to, the Children and Families Act 2014 (c. 6) and by S.I. 2010/1158.

[^f00047]: Section 10 was amended by S.I. 2010/1158.

[^f00048]: Section 12 was amended by S.I. 2010/1158.

[^f00049]: Section 68 was amended by section 28 of the Education Act 2011 (c. 21) and by S.I. 2010/1158.

[^f00050]: Section 70 was amended by section 28 of the Education Act 2011 and by S.I. 2010/1158.

[^f00051]: Section 71 was amended by section 28 of the Education Act 2011.

[^f00052]: Section 85 was amended by S.I. 2010/1158.

[^f00053]: Section 144 was amended by Schedule 2 to the Local Government (Miscellaneous Provisions) Act 1976 (c. 57); by section 194 of and Schedule 34 to the Local Government, Planning and Land Act 1980 (c. 65); and by Schedule 17 to the Local Government Act 1985. There are other amendments which are not relevant to this instrument.

[^f00054]: Section 145 was amended by section 198 of, and paragraph 59 of Schedule 6 to, the Licensing Act 2003 (c. 17).

[^f00055]: Section 113 was amended by paragraph 151 of Schedule 4 to the National Health Service Reorganisation Act 1973 (c. 32); by section 66(1) of and paragraph 13 of Schedule 9 to the National Health Service and Community Care Act 1990 (c. 19); by paragraph 18 of Schedule 4 to the Health and Social Care (Community Health and Standards) Act 2003 (c. 43); by paragraph 51(a) of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (c. 43); by paragraph 17 of Schedule 5, paragraph 3 of Schedule 7, and paragraph 3 of Schedule 17 to the Health and Social Care Act 2012 (c. 7); by S.I. 2000/90; by S.I. 2002/2469; and by S.I. 2007/961.

[^f00056]: Section 142 was amended by section 3(1)(a) of the Local Government Act 1986 (c. 10); there are other amendments which are not relevant to this instrument.

[^f00057]: To which there are amendments not relevant to this instrument.

[^f00058]: 1985 c. 51. Section 88 was amended by section 396 of the 1999 Act.

[^f00059]: Section 13 was amended by paragraph 1 of Schedule 21(II) and paragraph 96 of Schedule 37(I) to the Education Act 1993 (c. 35); by paragraph 36 of Schedule 4(I) and by paragraph 1 of Schedule 9(I) to the Police and Magistrates’ Courts Act 1994; by paragraph 1 of Schedule 24 to the Environment Act 1995 (c. 25); by paragraph 96 of Schedule 37(I) and by paragraph 1 of Schedule 38(I) to the Education Act 1996 (c. 56); by paragraph 22 of Schedule 30 to the School Standards and Framework Act 1998 (c. 31); by paragraph 1 of Schedule 5(4) to the Children Act 2004 (c. 31); by paragraph 81 of Schedule 6 to the 2009 Act; by paragraph 14 of Schedule 14 and by paragraph 1 of Schedule 22(4) to the Marine and Coastal Access Act 2009 (c. 23); by paragraph 15 of Schedule 8 to the Public Service Pensions Act 2013 (c. 25); by S.I. 2001/1517; by section 7 of the Policing and Crime Act 2017; and by S.I. 2010/1158.

[^f00060]: S.I. 2013/2356. Schedule 3 was amended by regulations 31 and 32 of the Local Government Pension Scheme (Amendment) Regulations 2015/755.

[^f00061]: S.I. 1992/2789. Regulation 3 was amended by S.I. 2012/213, S.I. 2015/27, S.I. 2017/603 and S.I. 2018/641. Reg 7 was amended by S.I. 2012/213, S.I. 2012/2914, S.I. 2015/27, S.I. 2017/603 and S.I. 2018/641. Regulation 7B was inserted by S.I. 2015/27.

[^f00062]: S.I. 2018/103.

[^f00063]: 1998 c. 37. Section 17A was inserted by section 22 of, and paragraph 5 of Schedule 9 to, the Police and Justice Act 2006 (c. 48).

[^f00064]: Section 115 was amended by section 74 of, and paragraphs 150 and 151 of Part 2 of Schedule 7 to, the Criminal Justice and Court Services Act 2000 (c. 43); section 97 of the Police Reform Act 2002 (c. 30); section 219 of the Housing Act 2004 (c. 34); section 22 of, and paragraph 7 of Schedule 9 to, the Police and Justice Act 2006; section 29 of the Transport for London Act 2008 (c. 1); section 99 of, and paragraphs 231 and 238 of Part 3 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011; section 55 of, and paragraphs 83 and 90 of Schedule 5 to, the Health and Social Care Act 2012 (c. 7); section s 6 and 9 of and paragraph 80 of Schedule 1and paragraph 106 of Schedule 2 to the Policing and Crime Act 2017; and by S.I. 2000/90, S.I. 2002/2469, S.I 2007/961, S.I 2008/912, S.I. 2010/866 and S.I. 2013/602.

[^f00065]: S.I. 2003/1021.

[^f00066]: Paragraphs 1(1) and 4(1) of Schedule 5A to the 2009 Act require a combined authority to arrange for the appointment of one or more overview and scrutiny committees and for the appointment of an audit committee.

[^f00067]: S.I. 2017/68.

Editorial notes