The North East Mayoral Combined Authority (Establishment and Functions) Order 2024

Type Statutory-Instrument
Publication 2024-03-20
Last updated 2025-07-17
State In force
Department King's Printer of Acts of Parliament
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  • (6) For the purposes of sub-paragraph (3) the next suitable meeting is the next following meeting or, where standing orders made by the Combined Authority provide for another meeting of the authority, committee or sub-committee, to be regarded as suitable, either the next following meeting or that other meeting.

Standing orders

8

The Combined Authority may make standing orders for the regulation of its proceedings and business and may vary or revoke any such orders.

Amendments to the Transport Act 1968

1

In section 9 of the Transport Act 1968[^f00111] (areas, authorities, and executives)—

  • (a) in subsection (1)(b)(ia), omit “(except as mentioned in sub-paragraph (ib))”;
  • (b) omit subsection (1)(b)(ib);
  • (c) for subsection (1)(c)(ie) substitute—

(ie) in relation to the area of the North East Mayoral Combined Authority, the Tyne and Wear Passenger Transport Executive;

  • (d) omit subsections (6C) and (6D).

Amendments to the Transport Levying Bodies Regulations 1992

2

  • (1) The Transport Levying Bodies Regulations 1992[^f00112] are amended as follows.
  • (2) In regulation 2 (interpretation)—
  • (a) omit the definitions of “the 2014 Order” and “the 2018 Order”;
  • (b) in the definition of “combined authority”—
  • (i) omit “(ae),”; and
  • (ii) for “(ai)” substitute “(aj)”.
  • (3) In regulation 3 (application)—
  • (a) omit paragraphs (ae) and (ai);
  • (b) after paragraph (ai) insert—

(aj) the North East Mayoral Combined Authority established by the North East Mayoral Combined Authority (Establishment and Functions) Order 2024;

  • (4) In regulation 7 (apportionment of levies), in paragraph (4)—
  • (a) omit sub-paragraphs (ab) and (ae);
  • (b) after sub-paragraph (ae) insert—

(af) in the case of the levies to be issued pursuant to article 26 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024, in accordance with regulation 7B;

  • (5) For regulation 7B (calculation and apportionment of levies issued by the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority) substitute—

(7B) (1) The amounts of the levies to be issued by the North East Mayoral Combined Authority (“the Authority”) under article 26(2) of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (“the 2024 Order”) to their constituent councils for the financial year 2025 to 2026, or any subsequent financial year, are to be determined by the Authority in accordance with the following provisions of this regulation. (2) The Authority must apportion the estimated relevant expenditure of the Authority for the financial year in question between— (a) expenditure which the Authority estimates will be attributable to the exercise of the Authority’s functions in relation to the county of Tyne and Wear (“the Tyne and Wear component”); (b) expenditure which the Authority estimates will be attributable to the exercise of the Authority’s functions in relation to the county of Durham (“the Durham component”); and (c) expenditure which the Authority estimates will be attributable to the exercise of the Authority’s functions in relation to the county of Northumberland (“the Northumberland component”). (3) The Tyne and Wear component must be met by means of the levy issued to the councils for the local government areas of Gateshead, Newcastle Upon Tyne, North Tyneside, South Tyneside and Sunderland under article 26(2)(a) of the 2024 Order. (4) The Durham component must be met by means of the levy issued to Durham County Council under article 26(2)(b) of the 2024 Order. (5) The Northumberland component must be met by means of the levy issued to Northumberland County Council under article 26(2)(c) of the 2024 Order. (6) Where, in respect of any financial year, the Authority estimates that the apportionment of its actual expenditure between the Tyne and Wear component, Durham component and Northumberland component will differ from that estimated under paragraph (2), the Authority must make appropriate adjustments to its estimates under paragraph (2) for the following financial year. (7) Those adjustments must be made with a view to ensuring that, so far as practicable and taking one year with another, the proportions in which relevant expenditure is met by the levies referred to in paragraph (3) to (5) reflect the actual expenditure of the Authority on the Tyne and Wear component, Durham component and Northumberland component. (8) The proportions in which the levy issued to the councils under paragraph (3) is to be shared among those councils are to be determined in the same way as proportions determined under regulation 7(3) in the case of a levy issued by an integrated transport authority.

Amendment of the Sub-national Transport Body (Transport for the North) Regulations 2018

3

In regulation 2 of the Sub-national Transport Body (Transport for the North) Regulations 2018[^f00113], in the definition of “constituent authorities”—

  • (a) omit “The Durham, Gateshead, South Tyneside and Sunderland Combined Authority”;
  • (b) omit “Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority”;
  • (c) insert in the appropriate place—
  • North East Mayoral Combined Authority

PART 2 — Permit schemes: modification of Part 3 of the TMA

4

  • (1) Part 3 of the TMA is modified as follows.
  • (2) Section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England) has effect as if—
  • (a) subsection (1) were omitted;
  • (b) for subsection (2) there were substituted—

(2) A permit scheme prepared in accordance with section 33(1) or (2) by the Combined Authority shall not have effect in the Combined Area unless the Combined Authority gives effect to it by order.

; and

  • (c) subsection (3) were omitted.
  • (3) Section 36 (variation and revocation of permit schemes) has effect as if, for subsections (1) to (3) there were substituted—

(1) The Combined Authority may by order vary or revoke a permit scheme to the extent that it has effect in the Combined Area by virtue of an order made by the Combined Authority under section 33A(2). (2) The Secretary of State may direct the Combined Authority to vary or revoke a permit scheme by an order under subsection (1). (3) An order made by the Combined Authority under subsection (1) may vary or revoke an order made by the Combined Authority under section 33A(2), or an order previously made by the Combined Authority under subsection (1).

SCHEDULE 3 — Modification of provisions in ASCLA in their application in relation to the Combined Authority

1

All references to provisions in this Schedule are to provisions in ASCLA.

2

Section 86 has effect as if—

  • (a) in subsection (1), for each reference to “Secretary of State” there were substituted “Combined Authority”;
  • (b) subsection (1)(b) were omitted but not “and” at the end;
  • (c) in subsection (1)(c), for “paragraphs (a) and (b)”, there were substituted “paragraph (a)”;
  • (d) in subsection (5), the words “(except so far as relating to facilities for persons subject to adult detention)” were omitted;
  • (e) in subsection (6), paragraph (c) in the definition of “training” were omitted; and
  • (f) in subsection (7), “or (b), ” were omitted.

3

Section 87 has effect as if for each reference to “Secretary of State”, there were substituted a reference to “Combined Authority”.

4

Section 88 has effect as if in subsections (1), (2)(b), (2A), (3), (4)(b) and (6)(a) for each reference to “Secretary of State”, there were substituted a reference to “Combined Authority”.

5

Section 90 has effect as if—

  • (a) in subsection (1), for the first reference to “Secretary of State”, there were substituted a reference to “Combined Authority”;
  • (b) in subsection (1)(a), for “section 86(1)(a) and (b)”, there were substituted “section 86(1) (a)”; and
  • (c) in subsection (1)(a), (b) and (c) for each reference to “Secretary of State’s remit” there were substituted a reference to “Combined Authority’s remit”.

6

Section 100 has effect as if—

  • (a) in subsection (1), for the reference to “Secretary of State” there were substituted “Combined Authority”;
  • (b) in subsection (1)(a), for the reference to “Secretary of State’s remit” there were substituted “Combined Authority’s remit”;
  • (ba) in subsection (1B), for the reference to “Secretary of State” there were substituted “Combined Authority”;
  • (c) in subsection (3), for each reference to “Secretary of State” there were substituted a reference to “Combined Authority”; and
  • (d) in subsection (4), for the reference to “Secretary of State” there were substituted a reference to “Combined Authority”.

7

Section 101[^f00114] has effect as if for each reference to “Secretary of State” there were substituted a reference to “Combined Authority”.

8

Section 103[^f00115] has effect as if—

  • (a) for the reference to “Secretary of State” there were substituted a reference to “Combined Authority”; and
  • (b) the words “or (1A)” were omitted.

9

Section 115 has effect as if—

  • (a) for the reference to “Secretary of State”, there were substituted “Combined Authority”;
  • (b) in subsection (2)(a), “, and” were omitted; and
  • (c) in subsection (2), paragraph (b) were omitted.

10

Section 121 has effect as if—

  • (a) in subsection (1), there were inserted at the appropriate place—
  • the Combined Authority” means the North East Mayoral Combined Authority, a body corporate established under the North East Mayoral Combined Authority (Establishment and Functions) Order 2024;
  • (b) in subsection (2)—
  • (i) for the reference to “Secretary of State’s remit”, there were substituted “Combined Authority’s remit”; and
  • (ii) in paragraph (a), the words “or (b)” were omitted; and
  • (c) in subsection (3)—
  • (i) for the reference to “Secretary of State’s remit”, there were substituted “Combined Authority’s remit”; and
  • (ii) paragraphs (a) and (aa) were omitted.

SCHEDULE 4 — Modification of the 2008 Act

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

1

  • (1) Chapter 1 and Chapter 2 of Part 1 of the 2008 Act apply in relation to the Combined Authority as modified in accordance with the following provisions.
  • (2) Sections 5 (powers to provide housing or other land), 6 (powers for regeneration, development or effective use of land), 7 (powers in relation to infrastructure), 8 (powers to deal with land etc), 9 (acquisition of land), 10 (restrictions on disposal of land) and 11 (main powers in relation to acquired land) of, and Schedules 2 to 4 to, the 2008 Act, have effect as if for each reference to—
  • (a) “the HCA” there were substituted a reference to “the Combined Authority”;
  • (b) “Part 1” of that Act (however expressed) there were substituted a reference to “Part 6 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024”; and
  • (c) land acquired or held by the HCA there were substituted a reference to land acquired or held by the Combined Authority.
  • (3) Sections 5, 6, 8, 9 and 10 of the 2008 Act have effect as if for every reference to “land” there were substituted a reference to “land in the area of the Combined Authority”.
  • (4) Section 57(1) of the 2008 Act is to have effect as if before the definition of “notice” there were inserted—
  • Combined Authority” means the Combined Authority established by the North East Mayoral Combined Authority (Establishment and Functions) Order 2024;

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

2

  • (1) Schedules 2 to 4 to the 2008 Act apply in relation to the Combined Authority as modified in accordance with the following provisions.
  • (2) Part 1 of Schedule 2 to the 2008 Act (compulsory acquisition of land) has effect as if for each reference to “section 9” of that Act there were substituted a reference to “article 34 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024”.
  • (3) Schedule 3 to the 2008 Act (main powers in relation to land acquired by the HCA) has effect as if for each reference to land which has been vested in or acquired by the HCA there were substituted a reference to land which has been vested in or acquired by the Combined Authority.
  • (4) Schedule 4 to the 2008 Act (powers in relation to, and for, statutory undertakers) has effect as if for each reference to “the HCA” there were substituted a reference to “the Combined Authority”.

SCHEDULE 5 — Spatial development strategy

PART 1 — Modification of the application of Part 8 of the 1999 Act

1

  • (1) Part 8 of the 1999 Act (planning) is modified in accordance with the following provisions.
  • (2) Part 8 of the 1999 Act has effect as if—
  • (a) sections 344 (amendments of the Town and Country Planning Act 1990), 345 (Town and Country Planning Act 1990: costs of appeals) and 349 (abolition of joint planning committee for Greater London) were omitted;
  • (b) for each reference to—
  • (i) “Greater London” there were substituted a reference to “the Combined Area”;
  • (ii) “the Mayor” there were substituted a reference to “the Combined Authority”;
  • (iii) “he” there were substituted a reference to “the Combined Authority”, save for the reference in section 337(6) (publication);
  • (iv) “under section 343” there were substituted “relating to the Combined Authority under section 343”.
  • (3) Section 334 of the 1999 Act (the spatial development strategy) has effect as if—
  • (a) in subsection (3) for “his” there were substituted “its”;
  • (b) for subsection (4) there were substituted—

(4) The spatial development strategy must include statements dealing with the general spatial development aspects of such of the Combined Authority’s other policies or proposals as involve considerations of spatial development.

  • (4) Section 335 of the 1999 Act (public participation) has effect as if—
  • (a) in subsection (2)(a) for “his” there were substituted “its”;
  • (b) subsection (3)(aa) were omitted;
  • (c) in subsection (3)(b), for “London borough council” there were substituted “constituent council”;
  • (d) in subsection (4), for the words from “bodies of each” to the end there were substituted—

— (a) voluntary bodies some or all of whose activities benefit the whole or part of the Combined Area; (b) bodies which represent the interests of different racial, ethnic or national groups in the Combined Area; (c) bodies which represent the interests of different religious groups in the Combined Area; and (d) bodies which represent the interests of different persons carrying on business in the Combined Area.

  • (e) for subsection (8) there were substituted—

(8) In this section “the prescribed period” means such period as may be prescribed by, or determined in accordance with, regulations relating to the Combined Authority made under section 343 below.

  • (5) Section 336 of the 1999 Act (withdrawal) has effect as if in subsection (3)—
  • (a) paragraph (a) were omitted; and
  • (b) paragraph (b) were omitted.
  • (6) Section 338 of the 1999 Act (examination in public) has effect as if in subsection (9) for “The Authority” there were substituted “The North East Mayor”.
  • (7) Section 339 (review of matters affecting the strategy) has effect as if in subsection (2) for “his” there were substituted “its”.
  • (8) Section 342 of the 1999 Act (matters to which the Mayor is to have regard) has effect as if—
  • (a) for subsection (1) there were substituted—

(1) In exercising its functions under the preceding provisions of this Part, the Combined Authority must have regard to— (a) the National Planning Policy Framework; (b) the effect that the proposed spatial development strategy or revision would have on— (i) the health of persons in the Combined Area; (ii) health inequalities between persons living in the Combined Area; (iii) the achievement of sustainable development in the United Kingdom; (iv) climate change and the consequences of climate change; (v) the need to ensure that the strategy is consistent with national policies; and (c) such other matters as the Secretary of State may prescribe.

; and

  • (b) subsection (2) were omitted.
  • (9) Section 347 of the 1999 Act (functional bodies to have regard to the strategy) has effect as if for that section there were substituted—

(347) In exercising any function, each of the constituent councils and the Combined Authority must have regard to the spatial development strategy, but this is without prejudice to section 24 of the Planning and Compulsory Purchase Act 2004 as modified by Part 2 of Schedule 5 to the North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (which requires certain documents of a constituent council to be in general conformity with the strategy).

  • (10) Section 348 of the 1999 Act (Mayor’s functions as to planning around Greater London)has effect as if—
  • (a) in subsections (1), (2) and (3) for “his” there were substituted “its”;
  • (b) in subsection (3), for “London borough councils” there were substituted “constituent councils”; and
  • (c) in subsection (4), for “the Authority” there were substituted “the Combined Authority”.
  • (11) Section 350 of the 1999 Act (interpretation of Part 8) has effect as if—
  • (a) the following definitions were inserted, in the appropriate places—
  • the Combined Area” means the area of the Combined Authority as specified in article 2 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024;
  • the Combined Authority” means the Combined Authority established by the North East Mayoral Combined Authority (Establishment and Functions) Order 2024;
  • constituent councils” has the meaning given in article 2 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024;
  • “the North East Mayor” is the person elected to the position established by article 14 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024;
  • (b) subsection (2) were omitted.

PART 2 — Modification of the application of the 2004 Act

2

  • (1) 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 are modified in accordance with the following provisions.
  • (2) Section 19 of the 2004 Act has effect as if for subsection (2)(c) there were substituted—

(c) the spatial development strategy if the authority is a constituent council of the Combined Authority or if any of the authority’s area adjoins the Combined Area;

  • (3) Section 24 of the 2004 Act has effect as if—
  • (a) for subsection (1)(b) there were substituted—

(b) the spatial development strategy if the authority is a constituent council of the Combined Authority.

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

(4A) A local planning authority which is a constituent council of the Combined Authority— (a) must request the opinion in writing of the Combined Authority as to the general conformity of a development plan document with the spatial development strategy; (b) may request the opinion in writing of the Combined Authority as to the general conformity of any other local development document with the spatial development strategy.

  • (c) after subsection (5) there were inserted—

(5A) The Combined Authority may give an opinion as to the general conformity of a local development document with the spatial development strategy irrespective of whether a request is made under subsection (4A).

; and

  • (d) in subsection (7) for each reference to “the Mayor” there were substituted “the North East Mayor”.
  • (4) Section 37 of the 2004 Act has effect as if after subsection (6A)[^f00116] there were inserted—

(6B) In relation to the Combined Authority, in this section— - “Combined Area” has the meaning given in article 2 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024; - “the Combined Authority” means the Combined Authority established by the North East Mayoral Combined Authority (Establishment and Functions) Order 2024; - “constituent council” has the meaning given in article 2 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024; - “the North East Mayor” is the person elected to the position of Mayor by virtue of article 14 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024; - “spatial development strategy”, in relation to the Combined Authority, means a strategy established by the Combined Authority in exercise of powers under article 37 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024.

  • (5) Section 38 of the 2004 Act has effect as if—
  • (a) after subsection (2) there were inserted—

(2A) For the purposes of any area in the Combined Area the development plan is— (a) the spatial development strategy; (b) the development plan documents (taken as a whole) which have been adopted or approved in relation to that area; and (c) the neighbourhood development plans which have been made in relation to that area.

  • (b) after subsection (10) there were inserted—

(11) In this section— - “Combined Area” has the meaning given in article 2 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024; - “the Combined Authority” means the Combined Authority established by the North East Mayoral Combined Authority (Establishment and Functions) Order 2024; - “spatial development strategy”, in relation to the combined authority, means a strategy established by the Combined Authority in exercise of powers under article 37 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024.

  • (6) Section 113 of the 2004 Act has effect as if—
  • (a) in subsection (1)(f), after “the Mayor of London’s”, there were inserted “, or the Combined Authority’s,”;
  • (b) in subsection (11)(e), after “the Mayor of London”, there were inserted “, or the Combined Authority,”;
  • (c) after subsection (12), there were inserted—

(12A) In this section “the Combined Authority” means the combined authority established by the North East Mayoral Combined Authority (Establishment and Functions) Order 2024.

SCHEDULE 6 — Modification of the application of Part 8 of the 2011 Act

Modification of the application of Part 8 of the 2011 Act

1

  • (1) Chapter 2 of Part 8 of the 2011 Act (Mayoral development corporations) applies in relation to the Combined Authority as modified in accordance with the following provisions.
  • (2) Section 196 of the 2011 Act (interpretation of Chapter) has effect as if—
  • (a) the definitions of “the Mayor” and “MDC” were omitted;
  • (b) in the appropriate places there were inserted—
  • the Combined Authority” means the Combined Authority established by the North East Mayoral Combined Authority (Establishment and Functions) Order 2024;
  • the Combined Area” means the area of the Combined Authority
  • Corporation” means a corporation established by the Secretary of State in accordance with the provisions in section 198 following the designation of an area of land by the Combined Authority;

; and

  • Northumberland National Park authority” means the National Park authority for the Northumberland National Park;
  • (3) Sections 197 to 222 of the 2011 Act have effect as if for each reference to—
  • (a) “the Greater London Authority” there were substituted “the Combined Authority”;
  • (b) “the Mayor” there were substituted “the Combined Authority” except for the references in sections 197(3)(d) and (e), 199(2), 202(7)(a) and 214(4)(a); and
  • (c) “MDC” there were substituted “Corporation”.
  • (4) Section 197 of the 2011 Act (designation of Mayoral development areas) has effect as if—
  • (a) in subsection (1) for “Greater London” there were substituted “the Combined Area”;
  • (b) in subsection (3)(a) for “any one or more of the Greater London Authority’s principal purposes” there were substituted “economic development and regeneration in the Combined Area”;
  • (c) in subsection (3)(d)—
  • (i) for “the London Assembly” there were substituted “the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members)”;
  • (ii) for “the Mayor” there were substituted “the Mayor for the Combined Authority”; and
  • (iii) for “subsection (4)(d), (e), (f) or (g)” there were substituted “subsection (4)(d) or (e)”;
  • (d) in subsection (3)(e)—
  • (i) for “the Mayor”, in both places, there were substituted “the Mayor for the Combined Authority”; and
  • (ii) for “the London Assembly” there were substituted “the Combined Authority”;
  • (e) in subsection (3)(f) for “the London Assembly” there were substituted “the Combined Authority”;
  • (f) in subsection (4)—
  • (i) in paragraph (a) for “the London Assembly” there were substituted “the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members)”;
  • (ii) paragraph (b) were omitted;
  • (iii) in paragraph (d) for “London borough council whose borough contains any part of the area” there were substituted “district council whose local government area contains any part of the Combined Area”;
  • (iv) in paragraph (e) for “the Common Council of the City of London if any part of the area is within the City” there were substituted “the Northumberland National Park Authority if any part of the Combined Area is within the Northumberland National Park”;
  • (v) paragraphs (f) and (g) were omitted;
  • (g) in subsection (5)—
  • (i) in paragraph (a) for “the London Assembly” there were substituted “the Combined Authority”;
  • (ii) in paragraph (b) for “the London Assembly” there were substituted “the Combined Authority”;
  • (iii) in paragraph (b)(i) for “the Assembly” there were substituted “the Combined Authority”;
  • (iv) in paragraph (b)(ii) for “the Assembly members voting” there were substituted “all members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members) present and voting on that motion”;
  • (h) in subsection (6)(c) for “Mayoral development corporation” there were substituted “Corporation”; and
  • (i) subsection (7) were omitted.
  • (5) Section 198 of the 2011 Act (Mayoral development corporations: establishment) has effect as if—
  • (a) in the heading for “Mayoral development corporations” there were substituted “Corporations”; and
  • (b) for each reference to “Mayoral development corporation” there were substituted “Corporation”.
  • (6) Section 199 of the 2011 Act (exclusion of land from Mayoral development areas) has effect as if—
  • (a) for “the London Assembly” there were substituted “the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members)”; and
  • (b) in subsection (2) for “the Mayor”, in both places, there were substituted “the North East Mayor”.
  • (7) Section 200 of the 2011 Act (transfers of property etc to a Mayoral development corporation) has effect as if—
  • (a) in subsection (3)—
  • (i) in paragraph (a), for “a London borough council” there were substituted “a district council whose local government area is wholly or partly in the Combined Area”;
  • (ii) paragraph (b) were omitted;
  • (iii) in paragraphs (d) and (e), for “in Greater London” there were substituted “in the Combined Area”;
  • (iv) paragraph (k) were omitted;
  • (b) in subsection (4), paragraph (b) were omitted; and
  • (c) in subsection (10), the definitions of “functional body” and “public authority” were omitted.
  • (8) Section 201 of the 2011 Act (object and powers) has effect as if subsection (8)(b) were omitted.
  • (9) Section 202 of the 2011 Act (functions in relation to town and country planning) has effect as if—
  • (a) in subsection (7)(a) for “the Mayor” there were substituted “the North East Mayor”;
  • (b) in subsection (7)(c) for “the London Assembly” there were substituted “the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members)”; and
  • (c) in the definition of “affected local authority” for “(d), (e), (f) or (g)” there were substituted “(d) or (e)”
  • (10) Section 203 of the 2011 Act (arrangements for discharge of, or assistance with, planning functions) has effect as if—
  • (a) for each reference to “a London borough council or the Common Council of the City of London” there were substituted “a district council, county council or the Northumberland National Park Authority”;
  • (b) in subsections (1) and (5), for each reference to “that council” there were substituted “that council or the Northumberland National Park Authority;” and
  • (c) in subsection (2) for the reference to “a council” there were substituted “a council or the Northumberland National Park Authority”.
  • (11) Section 207 of the 2011 Act (acquisition of land) has effect as if—
  • (a) in subsection (2) for “in Greater London” there were substituted “in the Combined Area”; and
  • (b) in subsection (3) for “the Mayor of London” there were substituted “the Combined Authority”.
  • (12) Section 214 of the 2011 Act (powers in relation to discretionary relief from non-domestic rates) has effect as if—
  • (a) in subsection (4)(a) for “the Mayor” there were substituted “the North East Mayor”;
  • (b) in subsection (4)(c) for “the London Assembly or an affected local authority” there were substituted “the members of the Combined Authority who are appointed by the constituent councils (including substitute members, acting in place of those members) or a district council whose local government area is wholly or partly in the Combined Area”; and
  • (c) in subsection (4) the definition of “affected local authority” were omitted.
  • (13) Section 216 of the 2011 Act (transfers of property, rights and liabilities) has effect as if—
  • (a) in subsection (2) “, (e)” were omitted; and
  • (b) in subsection (4)—
  • (i) the definition of “functional body” were omitted;
  • (ii) in the definition of “permitted recipient”—
  • (aa) paragraph (b) were omitted;
  • (bb) in paragraph (d) for “a London borough council” there were substituted “a district council whose local government area is wholly or partly within the Combined Area”; and
  • (cc) paragraph (e) were omitted.
  • (14) Schedule 21 to the 2011 Act (Mayoral development corporations) applies as if—
  • (a) for each reference to—
  • (i) “the Mayor” there were substituted “the Combined Authority”, except for the reference in paragraph 1(1);
  • (ii) “the Mayor’s” there were substituted “the Combined Authority’s”;
  • (iii) “an MDC” there were substituted “the Corporation”, expect for the references in paragraphs 1(5) and 3;
  • (b) in paragraph 1(1) for—
  • (i) “A Mayoral development corporation (“MDC”)” there were substituted “A Corporation”; and
  • (ii) the reference to “the Mayor of London (“the Mayor”)” there were substituted “the Combined Authority”;
  • (c) in paragraph 1(2) for “each relevant London council” there were substituted “each relevant district council”;
  • (d) in paragraph 1(3)—
  • (i) sub-paragraph (a) were omitted; and
  • (ii) in sub-paragraph (b) for “a London council” there were substituted “a district council”;
  • (e) in paragraph 1(5) for—
  • (i) “an MDC” in the opening words there were substituted “a Corporation”; and
  • (ii) “MDC’s” in sub-paragraph (a) there were substituted “Corporation’s”;
  • (f) in paragraph 2(5)(d) for “a relevant London council” there were substituted “a relevant district council”;
  • (g) in paragraph 3 for—
  • (i) “an MDC” there were substituted “a Corporation”;
  • (ii) “An MDC’s” in both places there were substituted “A Corporation’s”; and
  • (iii) “the MDC’s” there were substituted “the Corporation’s”;
  • (h) in paragraph 4(4) for “the London Assembly” there were substituted “the Combined Authority”;
  • (i) in paragraph 9(c) for “each relevant London council” there were substituted “each relevant district council”; and
  • (j) in paragraph 10(1)(c) the reference to “and to the London Assembly” were omitted.

Signed

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Jacob Young — Parliamentary Under Secretary of State — Department for Levelling Up, Housing and Communities — 20th March 2024

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order abolishes the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority, and revokes the legislation establishing those Authorities (S.I. 2014/1012 and S.I. 2018/1133 respectively). This Order establishes the North East Mayoral Combined Authority (“the Combined Authority”) in their place, further to powers under Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (“the 2009 Act”). The Combined Authority is established on 7 May 2024.

Part 6 of the 2009 Act provides for the establishment of combined authorities for the areas of two or more local authorities in England. Combined authorities are bodies corporate which may be given power to exercise specified functions of a local authority under section 105 of the 2009 Act, and power to exercise specified functions of any other public authority under section 105A of the 2009 Act.

Part 2 of the Order establishes the Combined Authority and provides for there to be a mayor for the area of the Combined Authority. Schedule 1 to the Order makes provision about the constitution of the Combined Authority.

Part 3 of the Order provides for the transfer to the Combined Authority of certain of the assets and liabilities etc. of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority, whilst also making provision for the transfer of staff from those Authorities to the Combined Authority, and other matters relating to continuity.

Part 4 of the Order provides for the cancellation of the election for the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority, and for the election of the first Mayor for the area of the Combined Authority to take place on 2nd May 2024. The new Mayor will take up office on 7th May 2024.

Part 5 of the Order concerns the transport functions of the Combined Authority, which are to be transferred to it from the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority.

Part 6 of the Order confers on the Combined Authority functions in relation to education, skills and training.

Part 7 of the Order confers on the Combined Authority functions in relation to housing and regeneration which are to be exercised concurrently with the Homes and Communities Agency.

Part 8 of the Order confers on the Combined Authority functions corresponding to those of the Mayor of London in relation to the designation of a Mayoral development area.

Part 9 of the Order makes additional provision for the Mayor for the area of the Combined Authority and funding by, amongst other things, setting out the functions of the Combined Authority which are to be only exercisable by the Mayor, and making provision for the funding of the costs of the Combined Authority and the Mayor.

Part 10 of the Order makes further miscellaneous provision in relation to the establishment of the Combined Authority.

A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of the business and voluntary sectors. The impact on the public sector is that conferring functions on the Combined Authority should lead to operational efficiencies that could lead to reduced costs.

Footnotes

[^f00001]: 2009 c. 20 (“the 2009 Act”). Section 103 was amended by sections 12 and 14 of the Cities and Local Government Devolution Act 2016 (“the 2016 Act”) (c. 1). 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 107 was amended by 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 Policing and Crime Act 2017 (c. 3). Section 107E was inserted by section 4 of the 2016 Act. Section 114 was amended by Schedule 5 to the 2016 Act and S.I. 2021/1265. 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 (“the 2011 Act”), and section 117(5) was inserted by paragraph 29 of Schedule 5 to the 2016 Act. Subjection (1A) of section 117A 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.

[^f00002]: 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).

[^f00003]: Section 109 was amended by sections 6 and 12 of the 2016 Act, and was repealed by section 65(2) of the 2023 Act. The effect of section 65(9) of the Levelling-up and Regeneration Act 2023 (c. 55) (“the 2023 Act”) is that the repeal of section 109 by virtue of section 65(2) of the 2023 Act does not apply to section 109 in relation to the preparation and publication of a scheme following a review under section 108 of the 2009 Act that began before section 65 of the 2023 Act came into force. Section 108 was repealed by section 65(2) of the 2023 Act, but by virtue of section 65(9), that repeal has no effect in respect of a review that began before the coming into force of section 65.

[^f00004]: Section 112 was amended by paragraphs 17 and 23 of Schedule 5 to the 2016 Act, and was repealed by section 66(2) of the 2023 Act. The effect of section 66(10) of the 2023 Act is that the repeal of section 112 by virtue of section 66(2) of the 2023 Act does not apply to section 112 in relation to the preparation and publication of a scheme following a review under section 111 of the 2009 Act, where a review under section 111 began before section 66 of the 2023 Act came into force. Section 66(10) further provides that the repeal of section 111 of the 2009 Act by section 66(2) does not affect the operation of section 111 where a review under that section began before section 66 of the 2023 Act came into force.

[^f00005]: Section 110 was amended by sections 12(1) and (5) and 14(1) and (7) of the 2016 Act, and amended by sections 65(5) to (8) of the 2023 Act. The effect of section 65(10) of the 2023 Act is that the amendments made by section 65(5) to (8) of the 2023 Act to section 110 of the 2009 Act do not apply to section 110 as it has effect in relation to the making of an order in response to a scheme under section 109 of the 2009 Act.

[^f00006]: Section 113 was amended by sections 12(1) and (6), and 14(1) and (8) of the 2016 Act and further amended by section 66(5) to (9) of the 2023 Act. The effect of section 66(11) of the 2023 Act is that the amendments made by section 66(5) to (9) of the 2023 Act to section 113 of the 2009 Act do not apply to section 113 as it has effect in relation to the making of an order in response to a scheme under section 112 of the 2009 Act.

[^f00007]: 1972 c. 70.

[^f00008]: 1985 c. 67.

[^f00009]: 1989 c. 42.

[^f00010]: 1990 c. 8.

[^f00011]: 1999 c. 29.

[^f00012]: 2000 c. 38.

[^f00013]: 2003 c. 26.

[^f00014]: 2004 c. 5.

[^f00015]: 2008 c. 17.

[^f00016]: 2011 c. 20.

[^f00017]: S.I. 2014/1012.

[^f00018]: S.I. 2018/1133.

[^f00019]: 2009 c. 22.

[^f00020]: 1985 c. 68.

[^f00021]: “Deputy Mayor” has the meaning given in section 107C(7) of the 2009 Act.

[^f00022]: 2004 c. 18.

[^f00023]: S.I. 2019/1457.

[^f00024]: 2014 c. 2.

[^f00025]: 1985 c. 51.

[^f00026]: 2000 c. 22; section 9FB was inserted by paragraph 1 of Schedule 2 to the 2011 Act.

[^f00027]: S.I. 2013/2356.

[^f00028]: 1983 c. 2. Section 37 was amended by section 18(2) of the Representation of the People Act 1985 (c. 50), section 17 of and Schedule 3 to the Greater London Authority Act 1999 (c. 29), and section 6(16) of the Wales Act 2017 (c. 4).

[^f00029]: S.I. 2017/67, which was amended by section 2(4) of the Local Government (Disqualification) Act 2022 (c. 17) and other relevant amending instruments are S.I. 2018/19, 1310, 2019/350, 2022/1353, and 1382.

[^f00030]: See section 270(3) of the Local Government Act 1972 (“the 1972 Act”) in relation to the meaning of “proper officer”.

[^f00031]: 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.

[^f00032]: 2008 c. 26.

[^f00033]: See section 77 of the Local Transport Act 2008 (c. 26) which makes provision in relation to integrated transport authorities.

[^f00034]: 1985 c. 67.

[^f00035]: Section 6 was amended by paragraph 4 of Schedule 4 to the Local Government Act 1985 (c. 51), by paragraph 2 of Schedule 7 to the Local Government (Wales) Act 1994 (c. 19), by paragraph 7 of Schedule 1 to the Infrastructure Act 2015 (c. 7), and by S.I. 1995/1986.

[^f00036]: Section 8 was amended by paragraph 5 of Schedule 4 to the Local Government Act 1985, by paragraph 3 of Schedule 7 to the Local Government (Wales) Act 1994, and by paragraph 8 of Schedule 1 to the Infrastructure Act 2015.

[^f00037]: 1980 c. 66.

[^f00038]: Section 33 was amended by paragraph 5 of Schedule 10 to the Deregulation Act 2015 (c. 20).

[^f00039]: Section 33A was inserted by paragraph 6 of Schedule 10 to the Deregulation Act 2015.

[^f00040]: Section 36 was substituted by paragraph 8 of Schedule 10 to the Deregulation Act 2015.

[^f00041]: S.I. 2007/3372.

[^f00042]: 1988 c. 52.

[^f00043]: Section 39 was amended by section 168 of, and Schedule 8 to, the New Roads and Street Works Act 1991 (c. 22), and by section 279 of the Greater London Authority Act 1999 (c. 29).

[^f00044]: The combined authority is a mayoral combined authority for the purposes of section 123A(4)(a) (franchising schemes) of the Transport Act 2000; section 123A was inserted by section 4 of the Bus Services Act 2017 (c. 21).

[^f00045]: S.I. 2022/71.

[^f00046]: S.I. 2022/576.

[^f00047]: 1988 c. 41.

[^f00048]: S.I. 1992/2789.

[^f00049]: Section 113 has been amended by section 12(1) to (4) of the Local Transport Act 2008 (c. 26) and paragraph 98 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009.

[^f00050]: Section 86 was amended by paragraphs 1, 2 and 9 of Part 1 of Schedule 14 to the Deregulation Act 2015 (c. 20); by paragraphs 88 and 90 of Part 2 of Schedule 3 to the Children and Families Act 2014 (c. 6) (“CFA 2014”); and by section 30 of, and paragraphs 1 and 7 of Schedule 18 to, the Education Act 2011 (c. 21) (“EA 2011”).

[^f00051]: Section 87 was amended by paragraphs 1 and 10 of Part 1 of Schedule 14 to the Deregulation Act 2015 (c. 20); and by paragraph 91 of Part 2 of Schedule 3 to the CFA 2014.

[^f00052]: Section 88 was amended by section 114(2) of the Digital Economy Act 2017 (c. 30), and by paragraph 11 of Part 1 of Schedule 14 to the Deregulation Act 2015 (c. 20) and by section 73 of the EA 2011.

[^f00053]: Section 90 was amended by paragraphs 5 and 20 of Part 2 of Schedule 1, and paragraphs 1 and 12 of Part 1 of Schedule 14, to the Deregulation Act 2015 (c. 20).

[^f00054]: Section 100 was amended by paragraphs 1 and 9 of Schedule 18 to the EA 2011; Schedules 1 and 14 to the Deregulation Act 2015; section 27 of the Enterprise Act 2016 (c. 12).

[^f00055]: This is available at the following link https://www.gov.uk/government/publications/exercising-devolved-adult-education-functions, and available for inspection at reasonable times at the offices of the Department for Levelling-up, Housing and Communities, 2 Marsham Street, London SW1P 4DF.

[^f00056]: S.I. 2007/779. There are amendments to these Regulations but none is relevant.

[^f00057]: Section 51A was inserted by section 44 of the Apprenticeships, Skills, Children and Learning Act 2009 (c.22) and was amended by S.I. 2010/1158.

[^f00058]: 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 CFA 2014 and by S.I. 2010/1158.

[^f00059]: Sections 15ZA, 15ZB, 15ZC, 18A, 514A and 560A were inserted by sections 41, 42, 46 to 48 of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22). Section 15ZA was amended by paragraph 5 of Schedule 3 to the CFA 2014, by paragraph 44 of Schedule 14(2) to the Deregulation Act 2015 and by S.I. 2010/1158 and 2015/1852. Section 15ZC was amended by S.I. 2010/1158 and 2015/1852. Section 18A was also amended by section 30(7) of the EA 2011, sections 30 and 82 and by paragraph 8 of Schedule 3 to the CFA 2014 and S.I. 2010/1158. Section 514A was amended by paragraph 50 of Schedule 3 to the CFA 2014 and S.I. 2010/1158. Section 560A was amended by paragraph 54 of Schedule 3 to CFA 2014 and S.I. 2010/1158.

[^f00060]: Section 10 was amended by S.I. 2010/1158.

[^f00061]: Section 12 was amended by S.I. 2010/1158.

[^f00062]: Section 68 was amended by section 28 of the EA 2011 and by S.I. 2010/1158.

[^f00063]: Section 70 was amended by section 28 of the EA 2011 and by S.I. 2010/1158.

[^f00064]: Section 71 was amended by section 28 of the EA 2011.

[^f00065]: Section 85 was amended by S.I. 2010/1158.

[^f00066]: The Homes and Communities Agency is a body corporate established by section 1 of the Housing and Regeneration Act 2008.

[^f00067]: Section 17 was amended by section 222 of, and paragraph 24 of Schedule 18 to, the Housing Act 1996 (c. 52).

[^f00068]: Section 226 was amended by sections 79, 99 and 120 of, and paragraph 3 of Schedule 3 and paragraph 1 of Schedule 9 to, the Planning and Compulsory Purchase Act 2004 (c. 5) (“the 2004 Act”).

[^f00069]: Section 233 was amended by section 8 of the Growth and Infrastructure Act 2013 (c. 27).

[^f00070]: Section 236 was amended by section 406 of, and paragraph 103 of Schedule 17 to, the Communications Act 2003 (c. 21).

[^f00071]: Section 335 was amended by section 29(1) and (2) of the Greater London Authority Act 2007 (c. 24) and sections 228(2)(a), (b) and (c) and 237 of, and Part 33 of Schedule 25 to, the 2011 Act.

[^f00072]: Section 337 was amended by section 118(2) of, and paragraph 22(1) and (2)(a) and (b) of Schedule 7 to, the 2004 Act and sections 109(7) and 237 of, and paragraphs 3 and 4 of Schedule 8 and Part 16 of Schedule 25 to, the 2011 Act and by S.I. 2000/1435.

[^f00073]: Section 338 was amended by section 48(1) of, and paragraph 52 of Schedule 8 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15) and article 2(2) of, and paragraph 19 of the Schedule to, S.I. 2013/2042.

[^f00074]: Section 342 was amended by section 118(2) of and, paragraph 22(1) and (3) of Schedule 7 to, the 2004 Act, section 85(1) of, and paragraphs 9 and 10 of Schedule 5 to, the 2009 Act and sections 109(7) and 237 of, and paragraphs 3 and 5(a) and (b) of Schedule 8 and Part 16 of Schedule 25 to, the 2011 Act.

[^f00075]: Section 346 was amended by section 118(2) of, and paragraph 23(1) and (4) of Schedule 7 to, the 2004 Act.

[^f00076]: Section 19 was amended by sections 180 and 182 of the Planning Act 2008 (c. 29); section 85 of, and paragraph 14 of Schedule 5 to, the 2009 Act; and section 100 of the Deregulation Act 2015 (c. 20). Section 24 was amended by sections 85 and 146 of, and paragraph 15 of Schedule 5 and paragraph 1 of Schedule 7 to, the 2009 Act; section 222 of, and paragraph 55 of Schedule 22 to, the 2011 Act. Section 37 was amended by section 180 of the Planning Act 2008; section 56 of, and paragraph 81 of Schedule 8 to, the 2008 Act; section 85 of, and paragraph 174 of Schedule 5 to, the 2009 Act; and by section 222 of, and paragraph 56 of Schedule 22 to, the 2011 Act. Section 38 was amended by section 180 of the Planning Act 2008; section 82 of the 2009 Act; sections 109 and 116 of, and paragraph 13 of Schedule 8 and paragraph 6 of Schedule 9 to, the 2011 Act. Section 113 was amended by section 185 of the Planning Act 2008; section 85 of, and paragraph 19 of Schedule 5 to, the 2009 Act; and by section 91 of, and paragraph 8 of Schedule 16 to, the Criminal Justice and Courts Act 2015 (c. 2).

[^f00077]: Section 41 was amended by sections 24, 28, 41, 43 and 44 of the Greater London Authority Act 2007; and sections 192, 225, 227 and 237 of, and paragraph 2 of Schedule 23 and paragraph 1 of Schedule 25 to, the 2011 Act.

[^f00078]: Section 356A was inserted by section 38 of the Greater London Authority Act 2007 and amended by section 225 of, and paragraph 6 of Schedule 23 to, the 2011 Act.

[^f00079]: S.I. 2000/1491.

[^f00080]: 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), and S.I. 2014/3184.

[^f00081]: 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.

[^f00082]: 1996 c. 61. Paragraph 9(8) of Schedule 2 was amended by paragraph 43 of Schedule 22 to the 2011 Act.

[^f00083]: 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 (c. 7) and by S.I. 2012/1530.

[^f00084]: 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, and section 28 of the Growth and Infrastructure Act 2013 (c. 27) and S.I. 2001/2237.

[^f00085]: 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 (c. 13), paragraphs 44 and 47 of Schedule 22 and Part 32 of Schedule 25 to the 2011 Act, and by S.I. 2008/2038.

[^f00086]: Section 68(6) was amended by paragraphs 44 and 48 of Schedule 22 and Part 32 of Schedule 25 to the 2011 Act.

[^f00087]: 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 (c. 28), paragraphs 36 and 38 of Schedule 19, paragraphs 44 and 49 of Schedule 22 and Part 32 of Schedule 25 to the 2011 Act and by S.I. 2000/1435.

[^f00088]: Section 403B was inserted by section 36(1) and (2) of the Neighbourhood Planning Act 2017 (c. 20).

[^f00089]: 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 and by S.I. 2009/1941.

[^f00090]: 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.

[^f00091]: 2008 c. 18. Paragraph 8 of Schedule 2 was amended by paragraph 58 of Schedule 22 to the 2011 Act.

[^f00092]: Section 1 was amended by section 80 of the 1972 Act, Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24), paragraphs 199 and 200 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) (“the 2017 Act”).

[^f00093]: 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 S.I. 2001/2237.

[^f00094]: By virtue of section 101(1) of the 1972 Act, and subject to sections 101(1A) to (1E) and (10) of that Act or other express provision made by the 1972 Act or any subsequent Act, the Combined Authority may arrange for the discharge of any of its functions by a committee, a sub-committee or an officer of the Combined Authority, whilst further to section 101(5) of the 1972 Act, the Combined Authority may enter into joint arrangements with other local authorities in relation to the discharge of any of its functions. “Local authority” includes a combined authority (section 101(13)).

[^f00095]: 1992 c. 14.

[^f00096]: 2009 c. 7.

[^f00097]: 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 (c. 51). There are other amendments which are not relevant to this instrument.

[^f00098]: Section 145 was amended by section 198 of, and paragraph 59 of Schedule 6 to, the Licensing Act 2003 (c. 17).

[^f00099]: 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, paragraph 45 of Schedule 14 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.

[^f00100]: Section 142(2) 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.

[^f00101]: To which there are amendments not relevant to this instrument.

[^f00102]: 1985 c. 51; section 88 was amended by section 396 of the 1999 Act.

[^f00103]: Section 13 was amended by paragraph 1 of Part 2 of Schedule 21 and paragraph 96 of Part 1 of Schedule 37 to the Education Act 1993 (c. 35); by paragraph 36 of Schedule 4(I) and by paragraph 1 of Part 1 of Schedule 9 to the Police and Magistrates’ Courts Act 1994 (c. 29); by paragraph 1 of Schedule 24 to the Environment Act 1995 (c. 25); by paragraph 96 of Part 1 of Schedule 37 and by paragraph 1 of Part 1 of Schedule 38 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 Part 4 of Schedule 5 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 Part 4 of Schedule 22 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 section 7 of the Policing and Crime Act 2017 (c. 3), by S.I. 2001/1517; and by S.I. 2010/1158.

[^f00104]: S.I 2013/2356.

[^f00105]: 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).

[^f00106]: 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); paragraph 238 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 1 and paragraph 106 of Schedule 2 to the 2017 Act; 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.

[^f00107]: S.I. 2017/611.

[^f00108]: S.I. 2003/1021.

[^f00109]: Schedule 5A was inserted by Schedule 3 to the Cities and Local Government Devolution Act 2016 (c. 1). Paragraph 3(2)(aa) and paragraph 4(3)(c) were inserted by section 70 of the Levelling-up and Regeneration Act 2023 (c. 55).

[^f00110]: See further article 14 of S.I. 2017/68 which makes provision in respect of the appointment of members to an audit committee.

[^f00111]: 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 (c. 67); 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 (c. 26) and by S.I. 2011/908, 2014/864, 866, 2016/653 and 2018/1133.

[^f00112]: S.I. 1992/2789; relevant amendments are S.I. 2012/213, 2914, 2015/27, 2017/603, 2018/641 and 2018/1133.

[^f00113]: S.I. 2018/103, amended by S.I. 2018/1133; there are other amendments but none is relevant to these Regulations.

[^f00114]: Section 101 was amended by paragraph 3 of Part 1 of Schedule 1 to the Deregulation Act 2015 (c. 20).

[^f00115]: Section 103 was amended by paragraph 4 of Part 1 of Schedule 1 to the Deregulation Act 2015.

[^f00116]: Section 37(6A) was inserted by section 85 of, and paragraph 17 of Schedule 5 to, the 2009 Act.

Editorial notes

[^key-8cd26466bb916408cde2d30779cdd0fa]: Art. 1 in force at 21.3.2024, see art. 1(2)

[^key-adc198ece6c3d4534e9df98561fb5ca7]: Art. 2 in force at 21.3.2024, see art. 1(2)

[^key-a910504ef75ff65f5ec2fdfd4b4b1f5e]: Art. 13 in force at 21.3.2024, see art. 1(2)

[^key-003f52a3930fc80581e55e48ea1e5282]: Art. 14 in force at 21.3.2024, see art. 1(2)

[^key-fb0b09a1166cb486e3af2e08791e7176]: Art. 15 in force at 21.3.2024, see art. 1(2)

[^key-8fc7e273ba9ead8e104f9a461ddaff12]: Art. 16 in force at 21.3.2024, see art. 1(2)

[^key-bd98a39165297c3a70d7006b3d9d1d61]: Art. 17 in force at 21.3.2024, see art. 1(2)

[^key-4f361b2914d484086a348e0f15104a3f]: Art. 3 in force at 7.5.2024, see art. 1(3)

[^key-02483db6b5b39092aebbcb37b5eb36fd]: Art. 9 in force at 7.5.2024, see art. 1(3)

[^key-af7f47e8a96d5cd6f64c3e2e9cbd841c]: Art. 10 in force at 7.5.2024, see art. 1(3)

[^key-b092b7a1b08c9f5f138c2014d79fad43]: Art. 41 in force at 7.5.2024, see art. 1(3)

[^key-5987437e2acbb701d2c7c08fde0409c2]: Art. 49 in force at 7.5.2024, see art. 1(3)

[^key-40cdfb8186b1fb043e8bd402051971f2]: Art. 18 in force at 7.5.2024, see art. 1(3)

[^key-8db83a59f09dc40181df7f29c2f1e9f5]: Art. 47 in force at 7.5.2024, see art. 1(3)

[^key-aaf32554109b5649ceaa3fd8c8106978]: Art. 48 in force at 7.5.2024, see art. 1(3)

[^key-83c688f1cf601c8b42eeb5949a5cb364]: Art. 19 in force at 7.5.2024, see art. 1(3)

[^key-ab65a6128238fe640b4d70d601ef1fc5]: Art. 24 in force at 7.5.2024, see art. 1(3)

[^key-abfdd7cecf7ee64a6e12222ff6ef8135]: Art. 28 in force at 7.5.2024, see art. 1(3)

[^key-2e4bd0bdd84a0ba36caf867cdabacce8]: Art. 21 in force at 7.5.2024, see art. 1(3)

[^key-d2c6fef82ba6b8e8c1c7bac32ffced5b]: Art. 22 in force at 7.5.2024, see art. 1(3)

[^key-ece706d871b51ec82d47f573c48f34fb]: Art. 23 in force at 7.5.2024, see art. 1(3)

[^key-23156f30300c1a8c9a1ccab3fa6c795c]: Art. 25 in force at 7.5.2024, see art. 1(3)

[^key-cc6968844e269a44bd8079e48b56c99a]: Art. 27 in force at 7.5.2024, see art. 1(3)

[^key-9762b6e1dee121dc57d45e6f2ab9abc4]: Art. 29 in force at 7.5.2024, see art. 1(3)

[^key-de46fecd8bf30973337476d5edf54a72]: Art. 30 in force at 7.5.2024, see art. 1(3)

[^key-5d5b554abd208b161b07cd7de7634267]: Art. 32 in force at 7.5.2024, see art. 1(3)

[^key-a82f0f315ad601dabff6c6cc4710d2d4]: Art. 33 in force at 7.5.2024, see art. 1(3)

[^key-bbde7287642fe02becd325d23ed3afd8]: Art. 34 in force at 7.5.2024, see art. 1(3)

[^key-a0748f8236076a796fd1f540487e082f]: Art. 36 in force at 7.5.2024, see art. 1(3)

[^key-f2a9a51b2821393732f18cfbecd18cbb]: Art. 35 in force at 7.5.2024, see art. 1(3)

[^key-f73d24a325f932a1e53d0e196681aa69]: Art. 38 in force at 7.5.2024, see art. 1(3)

[^key-5e8eb96ef246ab4d86f8af7dce616d76]: Art. 40 in force at 7.5.2024, see art. 1(3)

[^key-422a973d295a7a85a0618bfb58f2419e]: Art. 46 in force at 7.5.2024, see art. 1(3)

[^key-59b5f71141228c326e2f331ec8cf169f]: Art. 50 in force at 7.5.2024, see art. 1(3)

[^key-e8ef4f71abfc2dfa1b2b2cfb64c402fb]: Art. 51 in force at 7.5.2024, see art. 1(3)

[^key-5b183aab6bbffc9d7046819b5e4b476f]: Sch. 1 para. 2 in force at 7.5.2024, see art. 1(3)

[^key-28125b9e50a7de421d477bd7125a6019]: Sch. 2 para. 1 in force at 7.5.2024, see art. 1(3)

[^key-d5630355d660753f709779aa6394af7d]: Sch. 2 para. 2 in force at 7.5.2024, see art. 1(3)

[^key-bff1fb9ac3698831477787c54f17e981]: Sch. 2 para. 3 in force at 7.5.2024, see art. 1(3)

[^key-040a76394e86ddc9a229e6c6d78f59cd]: Sch. 3 para. 6 in force at 7.5.2024, see art. 1(3)

[^key-a86511eeddcb0ee2c3bb7767c86a4817]: Art. 4 in force at 7.5.2024, see art. 1(3)

[^key-6e9f86ad676ee62844a553243d307c5d]: Art. 5 in force at 7.5.2024, see art. 1(3)

[^key-d113b9dd180625718f1577f590d49ecd]: Art. 6 in force at 7.5.2024, see art. 1(3)

[^key-55c7b3c27d9f152cf34774cf48761b5a]: Art. 7 in force at 7.5.2024, see art. 1(3)

[^key-02f754f4c34238cc4893dadc512eba57]: Art. 8 in force at 7.5.2024, see art. 1(3)

[^key-8de2f95e2d1e67785631904cd2b8133b]: Art. 11 in force at 7.5.2024, see art. 1(3)

[^key-33fdae6ce2d05e0c4ba283aff61d3661]: Art. 12 in force at 7.5.2024, see art. 1(3)

[^key-be47fe5971cf440d5cc385b1e33af05d]: Art. 20 in force at 7.5.2024, see art. 1(3)

[^key-85fa7e391fb151d949516a50cfefe816]: Art. 26 in force at 7.5.2024, see art. 1(3)

[^key-719dabb058e32f336e0a68e79c10ac7b]: Art. 31 in force at 7.5.2024, see art. 1(3)

[^key-aeec329fdd1310647605ce8a6a11bda1]: Art. 37 in force at 7.5.2024, see art. 1(3)

[^key-0223febca5a1c59b37f7300a62132228]: Art. 39 in force at 7.5.2024, see art. 1(3)

[^key-8233a3f29c16e9cc2e0cab05d6d921a6]: Art. 42 in force at 7.5.2024, see art. 1(3)

[^key-cddd7c3ae1fadc9a9aa582fd97e5701f]: Art. 43 in force at 7.5.2024, see art. 1(3)

[^key-945487aad542a6d90451abad63ed150d]: Art. 44 in force at 7.5.2024, see art. 1(3)

[^key-efcec21173d339756581d5c01393965d]: Art. 45 in force at 7.5.2024, see art. 1(3)

[^key-39c4cc4124e0800c374466906e304b34]: Sch. 1 para. 1 in force at 7.5.2024, see art. 1(3)

[^key-aa3fbed0bac8df495dde52f5ddf8d5fa]: Sch. 1 para. 3 in force at 7.5.2024, see art. 1(3)

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