The York and North Yorkshire Combined Authority Order 2023

Made: 19th December 2023

Coming into force in accordance with article 1

the making of this Order is likely to improve the exercise of statutory functions in the area to which the Order relates; and

any consultation required by section 110(2) of the 2009 Act[^f00003] has been carried out.

Accordingly, the Secretary of State makes the following Order—

PART 1 — General

Citation, commencement and extent

1

• (1) This Order may be cited as the York and North Yorkshire Combined Authority Order 2023.

• (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 27, 41(1) and 42 to 44 come into force on 7th May 2024.

• (4) This Order extends to England and Wales.

Interpretation

2

In this Order and in any modifications to legislation made by this Order—

• “the 1980 Act” means the Highways Act 1980[^f00005];

• “the 1984 Act” means the Road Traffic Regulation Act 1984[^f00006];

• “the 1985 Act” means the Housing Act 1985[^f00007];

• “the 1989 Act” means the Local Government and Housing Act 1989[^f00008];

• “the 1990 Act” means the Town and Country Planning Act 1990[^f00009];

• “the 1999 Act” means the Greater London Authority Act 1999[^f00010];

• “the 2000 Act” means the Transport Act 2000[^f00011];

• “the 2003 Act” means the Local Government Act 2003[^f00012];

• “the 2004 Act” means the Fire and Rescue Services Act 2004[^f00013];

• “the 2008 Act” means the Housing and Regeneration Act 2008[^f00014];

• “the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009[^f00015];

• “the 2011 Act” means the Localism Act 2011[^f00016];

• “the BRS Act” means the Business Rate Supplements Act 2009[^f00017];

• “the PRSR Act” means the Police Reform and Social Responsibility Act 2011[^f00018];

• “the TM Act” means the Traffic Management Act 2004[^f00019];

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

• “chief fire officer” means the person with responsibility for managing the fire and rescue service;

• “Combined Authority” means the York and North Yorkshire Combined Authority as established by article 3;

• “community risk management plan” means a plan which— is prepared and published by the Combined Authority in accordance with the Fire and Rescue National Framework, and sets out for the period covered by the document in accordance with the requirements of the Framework— the Combined Authority’s priorities and objectives, and an assessment of all foreseeable fire and rescue related risks that could affect its community, in accordance with the discharge of the Combined Authority’s functions as a fire and rescue authority;

• “constituent councils” means the councils for the local government areas of North Yorkshire and the City of York;

• “Corporation” means a corporation established by the Secretary of State in accordance with the provisions in section 198 of the 2011 Act, as modified by Schedule 3 to this Order, following the designation of an area of land by the Combined Authority;

• “deputy mayor for policing and crime” means the deputy mayor for policing and crime for the Area;

• “election for the return of the mayor” means an election held pursuant to article 4;

• “fire and rescue authority” means a fire and rescue authority under the 2004 Act;

• “fire and rescue declaration” means a document which— is prepared and published by the Combined Authority in accordance with the Fire and Rescue National Framework, and contains a statement of the way in which the Combined Authority has had regard, in the period covered by the document, to the Framework and to any community risk management plan prepared by the Combined Authority for that period;

• “fire and rescue functions” means functions conferred on the Combined Authority as a fire and rescue authority by, or by virtue of, any enactment;

• “Fire and Rescue National Framework” means the document prepared by the Secretary of State under section 21 of the 2004 Act[^f00020];

• “fire and rescue service” means the personnel, services and equipment secured for the purposes of carrying out the functions of a fire and rescue authority under— section 6 of the 2004 Act (fire safety); section 7 of that Act (fire-fighting); section 8 of that Act (road traffic accidents); any order under section 9 of that Act (emergencies) which applies to the FRA; section 2 of the Civil Contingencies Act 2004 (duty to assess, plan and advise)[^f00021] and any subordinate legislation made under that Act applying to the FRA; any other provision of, or made under, an enactment which confers functions on a fire and rescue authority;

• “FRA” means the North Yorkshire Police, Fire and Crime Commissioner Fire and Rescue Authority[^f00022];

• “highway authority” and “local highway authority” have the same meaning as in sections 1 to 3 and 329(1) of the 1980 Act[^f00023];

• “lead member” means the member designated pursuant to paragraph 1(2) of Schedule 1;

• “Mayor” means the mayor for the Area, except in the term “Mayor of London”;

• “PCC component” means the component of the precept under section 40 of the Local Government Finance Act 1992[^f00024], as modified by the Combined Authorities (Finance) Order 2017)[^f00025] in respect of the Mayor’s PCC functions[^f00026];

• “PCC component council tax requirement” means the component of the council tax requirement calculated under section 42A of the Local Government Finance Act 1992[^f00027] (as modified by the Combined Authorities (Finance) Order 2017) in respect of the Mayor’s PCC functions;

• “Police, Fire and Crime Panel” means the police and crime panel established and maintained in accordance with Schedule 6 to the PRSR Act[^f00028] (police and crime panel) for the North Yorkshire police area;

• “proper officer”, in relation to a body and any purpose or area, means an officer appointed by the body for that purpose or area.

PART 2 — Establishment of the Combined Authority and election of the Mayor

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 York and North Yorkshire 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).

Mayor

4

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

• (2) The first election for the return of the Mayor is to take place on 2nd May 2024.

• (3) Subsequent elections for the return of the 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 in 2024—

• (a) begins with 7th May 2024; and

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

• (5) The term of office of the Mayor returned in each subsequent fourth year—

• (a) begins with the fourth day after the day of the poll at the election for the return of the 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 the Mayor for the Area.

• (6) In this article “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 and districts in England as determined in accordance with section 37 of the Representation of the People Act 1983[^f00029].

Political adviser

5

• (1) The Mayor may appoint one person as their political adviser.

• (2) Any appointment under paragraph (1) is an appointment as an employee of the Combined Authority.

• (3) No appointment under paragraph (1) may extend beyond—

• (a) the term of office for which the Mayor who made the appointment was elected; or

• (b) where the Mayor who made the appointment ceases to be the Mayor before the end of the term of office for which the Mayor was elected, the date on which the Mayor ceases to hold that office.

• (4) A person appointed under paragraph (1) is to be regarded for the purposes of Part 1 of the 1989 Act (political restriction of officers and staff) as holding a politically restricted post under a local authority.

• (5) Section 9(1), (8), (9) and (11) of the 1989 Act (assistants for political groups)[^f00030] applies in relation to an appointment under paragraph (1) as if—

• (a) any appointment to that post were the appointment of a person in pursuance of that section; and

• (b) the Combined Authority were a relevant authority for the purposes of that section.

• (6) Subsection (3) of section 9 of the 1989 Act applies in relation to an appointment under paragraph (1) as if the words from “and that the appointment terminates” to the end of that subsection were omitted.

Constitution

6

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

PART 3 — Housing, regeneration and planning

Conferral of functions corresponding to functions that the HCA has in relation to the Area

7

• (1) The functions of the Homes and Communities Agency (“HCA”)[^f00031] which are specified in the following provisions of the 2008 Act are to be functions of the Combined Authority that are exercisable in relation to the Area—

• (a) section 5 (powers to provide housing or other land);

• (b) section 6 (powers for regeneration, development or effective use of land);

• (c) section 7 (powers in relation to infrastructure);

• (d) section 8 (powers to deal with land etc);

• (e) section 9 (acquisition of land);

• (f) section 10 (restrictions on disposal of land);

• (g) section 11 (main powers in relation to acquired land)[^f00032];

• (h) section 12 (powers in relation to, and for, statutory undertakers);

• (i) section 19 (power to give financial assistance);

• (j) paragraphs 19 and 20 of Schedule 3 (powers in relation to burial grounds and consecrated land etc); and

• (k) paragraphs 1, 2, 3, 4, 6 (extinguishment or removal powers for the HCA), 10 (counter-notices) and 20 (notification of proposal to make order) of Schedule 4.

• (2) The Combined Authority must exercise the functions described in the provisions specified in paragraph (1) for the purposes of, or for purposes incidental to the objectives of—

• (a) improving the supply and quality of housing in the Area;

• (b) securing the regeneration or development of land or infrastructure in the Area;

• (c) supporting in other ways the creation, regeneration or development of communities in the Area or their continued well-being; and

• (d) contributing to the achievement of sustainable development and good design in the Area,

with a view to meeting the needs of people living in the Area.

• (3) The functions described in the provisions specified in paragraph (1) are—

• (a) exercisable concurrently with the HCA; and

• (b) subject to Schedules 2 (acquisition of land) and 3 (main powers in relation to land acquired by the HCA) to the 2008 Act[^f00033].

• (4) In paragraph (2) “good design” and “needs” have the meanings given by section 2(2) of the 2008 Act and the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.

• (5) The exercise of the function referred to in sub-paragraph (e) of paragraph (1) is subject to the condition set out in paragraph 4 (7) of Schedule 1 to this Order (Proceedings of the Combined Authority).

Acquisition and appropriation of land for planning and public purposes

8

• (1) The functions of the constituent councils specified in the following provisions as applied by article 9 (2) to (5) are exercisable by the Combined Authority in relation to the Area—

• (a) section 17 of the 1985 Act (acquisition of land for housing purposes)[^f00034];

• (b) section 18 of the 1985 Act (duties with respect to buildings acquired for housing purposes);

• (c) section 226 of the 1990 Act (compulsory acquisition of land for development and other planning purposes)[^f00035];

• (d) section 227 of the 1990 Act (acquisition of land by agreement);

• (e) section 229 of the 1990 Act (appropriation of land forming part of common, etc);

• (f) section 230(1)(a) of the 1990 Act (acquisition of land for purposes of exchange);

• (g) section 232 of the 1990 Act (appropriation of land held for planning purposes);

• (h) section 233 of the 1990 Act (disposal by local authorities of land held for planning purposes)[^f00036];

• (i) section 235 of the 1990 Act (development of land held for planning purposes);

• (j) section 236 of the 1990 Act (extinguishment of rights over land compulsorily acquired)[^f00037];

• (k) section 238 of the 1990 Act (use and development of consecrated land[^f00038]);

• (l) section 239 of the 1990 Act (use and development of burial grounds); and

• (m) section 241 of the 1990 Act (use and development of open spaces).

• (2) The functions referred to in paragraph (1) are exercisable concurrently with the constituent councils.

• (3) The exercise of the functions referred to in sub-paragraphs (a) and (c) of paragraph (1) is subject to the condition set in paragraph 4 (7) of Schedule 1 to this Order (Proceedings of the Combined Authority).

Application of provisions of the 1985 Act, the 1990 Act and the 2008 Act

9

• (1) This article has effect in consequence of articles 7 and 8.

• (2) The provisions set out in section 17 of the 1985 Act (acquisition of land for housing purposes) apply to the Combined Authority as they apply to a constituent council.

• (3) For the purposes of article 8(1)(a) and (b) the Combined Authority is to be treated as a local housing authority for the Area[^f00039].

• (4) Part 9 of the 1990 Act (acquisition and appropriation of land for planning purposes, etc) applies in relation to the Combined Authority, and land which has been vested in or acquired by the Combined Authority for planning and public purposes, as it applies to a constituent council and land which has been vested in or acquired by a constituent council for planning and public purposes.

• (5) Chapters 1 and 2 of Part 1 of, and Schedules 2 to 4 to, the 2008 Act apply in relation to the powers of the Combined Authority to acquire land for housing and infrastructure as they apply to the HCA and land acquired by the HCA with the modifications made by Parts 1 and 2 of Schedule 2 to this Order (Modifications of the 2008 Act).

PART 4 — Mayoral development corporation

Mayoral development corporation

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• (1) The Combined Authority has, in relation to the Area, functions corresponding to the functions described in the provisions in the 2011 Act referred to in paragraph (2) that the Mayor of London has in relation to Greater London.

• (2) The provisions in the 2011 Act referred to in paragraph (1) are—

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

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

• (c) section 200 (transfers of property etc to a Mayoral development corporation)[^f00040];

• (d) section 202 (functions in relation to town and country planning)[^f00041];

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

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

• (g) section 215 (reviews);

• (h) section 216 (transfers of property, rights and liabilities)[^f00042];

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

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

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

• (l) section 221 (consents);

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

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

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

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

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

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

Application of provisions in the 2011 Act

11

• (1) Chapter 2 of Part 8 of the 2011 Act (Mayoral development corporations) applies in relation to the Combined Authority as it applies in relation to the Mayor of London, with the modifications made by Schedule 3 to this Order.

• (2) Chapter 2 of Part 8 of the 2011 Act applies in relation to a Corporation as it applies in relation to a Mayoral development corporation, with the modifications made by Schedule 3 to this Order.

• (3) Subject to paragraph (6), in any enactment (whenever passed or made)—

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

• (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 relating to a Corporation 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 17, 200(1) or (4) or 216(1)) applies in relation to—

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