The West Yorkshire Combined Authority Order 2014

• Citation: S.I. 2014/864
• Sections: 36

Section 1 Citation and commencement

(1) This Order may be cited as the West Yorkshire Combined Authority Order 2014.

(2) Article 8(1) and (2) shall come into force on the day after the day on which this Order is made and the other provisions of this Order shall come into force immediately afterwards.

Section 2 Interpretation

In this Order—

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

“combined area” means the area consisting of the areas of the constituent councils;

“the Combined Authority” means the West Yorkshire Combined Authority constituted by article 3;

“the commencement date” means the date on which this Order comes into force;

“constituent councils” means the metropolitan district councils for the local government areas of Bradford, Calderdale, Kirklees, Leeds and Wakefield;

“the Executive” has the meaning given by article 8(1);

“financial year” means the period of 12 months ending with 31st March in any year;

“the ITA ” means the West Yorkshire Integrated Transport Authority;

“Local Enterprise Partnership” means the Board of the Leeds City Region Local Enterprise Partnership; and

“non-constituent council” means the council for the local government area of York.

Section 3 Establishment

(1) There is established a combined authority for the combined area.

(2) The combined authority is to be a body corporate and to be known as the West 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).

Section 4 Constitution

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

Section 5 Funding

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Section 6 Abolition and transfer of functions

(1) The West Yorkshire integrated transport area is dissolved and the ITA is abolished.

(2) On the abolition of the ITA—

(a) its functions; and

(b) its property, rights and liabilities,

are transferred to the Combined Authority.

Section 7 Adaptation of enactments

(1) This article has effect in consequence of article 6.

(2) In any enactment (whenever passed or made)—

(a) any reference to an integrated transport area; or

(b) any reference which falls to be read as a reference to such an area,

is to be treated as including a reference to the combined area.

(3) In any enactment (whenever passed or made)—

(a) any reference to an integrated transport authority; or

(b) any reference which falls to be read as a reference to such an authority,

is to be treated as including a reference to the Combined Authority.

(4) Paragraphs (2) and (3) do not apply to Part 2 of the Transport Act 1968 which is amended in accordance with Schedule 2.

Section 8 Passenger Transport Executive

(1) In this Order “the Executive” means the West Yorkshire Passenger Transport Executive established by the West Yorkshire Passenger Transport Area (Establishment of Executive) Order 1973 .

(2) The Executive shall be dissolved and all functions, property, rights and liabilities of the Executive shall be transferred to the ITA.

(3) Subject to article 7(4) and Schedule 2 and to the following provisions of this article, any reference in any enactment (whenever passed or made) to a passenger transport executive or to passenger transport executives is to be treated, in its application to the combined area, as if it were a reference to the Combined Authority.

(4) Paragraph (3) does not apply to the following enactments—

(a) in the Audit Commission Act 1998 —

(i) section 11(2)(g);

(ii) section 30(1) and (3); and

(iii) in Schedule 2, paragraph 4;

(b) paragraph 28 of Schedule 1 to the Freedom of Information Act 2000 ;

(c) Schedule 2 to the Local Government Act 1988 ;

(d) section 33 of the Railways Act 2005 ;

(e) sections 95, 96, 97, 104(2) and (3) and 137(5) of the Transport Act 1985; and

(f) section 162(4) of the Transport Act 2000.

(5) The West Yorkshire Passenger Transport Area (Establishment of Executive) Order 1973 is revoked.

Section 9 Continuity

(1) Nothing in article 6, 7 or 8 affects the validity of anything done by or in relation to the ITA or the Executive before the commencement date.

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

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

(b) is in the process of being done by or in relation to the ITA or the Executive immediately before the commencement date.

(3) Anything which—

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

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

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

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

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

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

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

(6) Without prejudice to the generality of this article a levy issued by the ITA under section 74 of the Local Government Finance Act 1988 and in accordance with the Transport Levying Bodies Regulations 1992 to the constituent councils in respect of the financial year beginning 1st April 2014 has effect for that year from and after the commencement date as if it had been so issued by the Combined Authority.

Section 10 Economic development and regeneration functions

(1) The functions of the constituent councils set out in Schedule 3 are exercisable by the Combined Authority in relation to its area.

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

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

Section 11 Incidental provisions

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

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

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

Section 12 Incidental provisions

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

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

Section 13 Incidental provisions

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

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

(i) subject to subsection (4A), a committee appointed by the West Yorkshire Combined Authority;

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

(4A) A person who is a member of a committee falling within paragraph (i) of subsection (4) or a sub-committee appointed by such a committee shall for all purposes be treated as a non-voting member of that committee or sub-committee unless that person—

(a) is a member of one of the constituent councils as defined by article 2 of the West Yorkshire Combined Authority Order 2014; or

(b) is given voting rights by resolution of the Combined Authority in accordance with paragraph 4(6) of Schedule 1 to that Order.

Section 1 Membership

(1) Subject to sub-paragraph (3), the Combined Authority shall comprise ten members in addition to the Mayor as provided for in the following sub-paragraphs.

(2) Each of the constituent councils shall appoint one of its elected members as a member of the Combined Authority.

(3) The constituent councils shall agree the appointment of another elected member from three of the constituent councils, so that the constituent council members taken as a whole reflect so far as reasonably practicable the balance of political parties for the time being prevailing among members of the constituent councils; in the absence of such agreement no members shall be appointed under this sub-paragraph.

(4) The non-constituent council shall appoint one of its elected members to be a member of the Combined Authority.

(5) Each constituent council and the non-constituent council shall appoint another of its elected members to act as a member of the Combined Authority in the absence of the members appointed under sub-paragraphs (2) to (4) (“the substitute member”).

(6) The substitute members for members appointed under sub-paragraph (3) must be appointed jointly by the constituent councils.

(7) The Leeds City Region Enterprise Partnership shall nominate one of its members to be a member of the Combined Authority (“Local Enterprise Partnership Member”).

(8) The Leeds City Region Enterprise Partnership shall nominate another of its members to act as a member of the Combined Authority in the absence of the member appointed under sub-paragraph (7) (“the substitute member”).

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

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

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

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

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

(a) the constituent council or non-constituent council that appointed them; or

(b) the Local Enterprise Partnership that nominated them,

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

(12) Where a member or substitute member's appointment ceases by virtue of sub-paragraph (10) or (11)—

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

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

(13) The Combined Authority shall appoint a member nominated under sub-paragraph (12)(b) at the next ordinary meeting of the Combined Authority.

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

(15) The appointment of the members and substitute members for members appointed under sub paragraph (3) can only be terminated jointly by the constituent councils.

(16) Where a constituent council or the non-constituent council exercises its power under sub-paragraphs (14) and (15), it shall give written notice of the new appointment and the termination of the previous appointment to the Combined Authority and the new appointment shall take effect and the previous appointment terminate at the end of one week from the date on which the notice is given or such longer period not exceeding one month as is specified in the notice.

(17) The Local Enterprise Partnership may at any time terminate the appointment of a member or substitute member nominated by it to the Combined Authority and nominate another of its members in that person's place.

(18) Where the Local Enterprise Partnership exercises its power under sub-paragraph (17), it shall give written notice of the new nomination and the termination of the previous appointment to the Combined Authority.

(19) The Combined Authority shall appoint a member nominated under sub-paragraph (18) and the new appointment shall take effect and the previous appointment terminate at the end of one week from the date on which the notice is given or such longer period not exceeding one month as is specified in the notice.

(20) For the purposes of this paragraph, an elected mayor of a constituent council or non-constituent council is to be treated as a member of the constituent council or non-constituent council.

Section 2 Chairman and vice-chairman

(1) For the period up until the Mayor begins their term of office in accordance with article 3(4) of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021, the Combined Authority must appoint a chairman and a vice chairman from amongst its members.

(2) A person ceases to be chairman or vice-chairman of the Combined Authority if they cease to be a member of the Combined Authority.

(3) If a vacancy arises in the office of chairman or vice-chairman, an appointment to fill the vacancy is to be made at the next ordinary meeting of the Combined Authority or, if that meeting is to be held within 14 days of the vacancy arising, at the meeting following that meeting.

Section 3 Proceedings

(1) Subject to the following sub-paragraphs, any questions that are to be decided by the Combined Authority are to be decided by a majority of the members and substitute members, acting in place of members, present and voting on that question at a meeting of the Combined Authority.

(2) For the period up until the Mayor begins their term of office in accordance with article 3(4)(a) of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 no business shall be transacted at a meeting of the Combined Authority unless at least three members, or substitute members acting in their place, appointed by the constituent councils are present.

(3) Upon the Mayor beginning their term of office in accordance with article 3(4)(a) of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021, no business shall be transacted at a meeting of the Combined Authority unless the Mayor or the deputy mayor acting in place of the Mayor and at least three members of the Combined Authority appointed by constituent councils under paragraph 1(2) or the substitute member acting in their place are present.

(4) Where the deputy mayor is acting in the place of the Mayor they cannot also act in their capacity as a member of the Combined Authority.

(5) The substitute member for the deputy mayor may act in the capacity of a member of the Combined Authority when the deputy mayor is acting in the place of the Mayor.

(6) Each member appointed by a constituent council, or substitute member acting in that member's place, is to have one vote and no member or substitute member is to have a casting vote.

(7) If a vote is tied on any matter it shall be deemed not to have been carried.

(8) Members appointed by the non-constituent council, the Local Enterprise Partnership Member and non-constituent council and Local Enterprise Partnership substitute members shall be non-voting members of the Combined Authority.

(9) Proposals for decisions by the Combined Authority may be put forward by the Mayor or any member of the Combined Authority.

(10) Questions relating to functions of the Combined Authority conferred by the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 and not solely exercisable by the Mayor pursuant to article 27 cannot be carried without the Mayor's vote in favour of the question.

(11) The following decisions of the Combined Authority require those voting in favour to include at least three members appointed under paragraph 1(2) or the substitutes acting in their place—

(a) approving the Combined Authority's budget; and

(b) issuing the levy pursuant to article 29(5) of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021.

(12) Reference to a two thirds majority in article 8(4) of the Combined Authorities (Finance) Order 2017 is to be read as reference to a five eights majority.

(13) Any decision of the Mayor which gives rise to a financial liability for a constituent council requires the consent of the member appointed by that constituent council or the substitute member acting in their place.

(14) The proceedings of the Combined Authority shall not be invalidated by any vacancy among its members or substitute members or by any defect in the appointment or qualifications of any member or substitute member.

Section 4 Committees

(1) The Combined Authority shall appoint one or more committees as an overview and scrutiny committee or, as the case may be, committees of the Combined Authority.

(2) The Combined Authority shall appoint at least one member of each of the constituent councils and the non-constituent council to an overview and scrutiny committee appointed by the Combined Authority.

(3) Members appointed from the non-constituent council to an overview and scrutiny committee of the Combined Authority, and members appointed from the non-constituent council or the Local Enterprise Partnership to any other committee or sub-committee of the Combined Authority, shall be non-voting members of the committee or sub-committee but may be given voting rights by resolution of the Combined Authority.

Section 5 Records

(1) The Combined Authority must make arrangements for the names of members and substitute members present at any meeting to be recorded.

(2) Minutes of the proceedings of a meeting of the Combined Authority, or any committee or sub-committee of the Combined Authority, are to be kept in such form as the Combined Authority may determine.

(3) Any such minutes are to be signed at the same or next suitable meeting of the Combined Authority, committee or sub-committee as the case may be, by the person presiding at that meeting.

(4) Any minute purporting to be signed as mentioned in sub-paragraph (3) shall be received in evidence without further proof.

(5) Until the contrary is proved, a meeting of the Combined Authority, committee or subcommittee, a minute of whose proceedings has been signed in accordance with this paragraph, is deemed to have been duly convened and held, and all the members and substitute members present at the meeting are deemed to have been duly qualified.

(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.

Section 6 Standing orders

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

Section 7 Remuneration

Subject to paragraphs 8, 9 , 9A and 10 no remuneration is to be payable by the Combined Authority to its members or to members of a constituent council who are appointed to an overview and scrutiny committee or sub-committee, or to the audit committee, of the Combined Authority , other than allowances for travel and subsistence paid in accordance with a scheme approved by the Combined Authority.

Section 8 Remuneration

(1) The Combined Authority may establish an independent remuneration panel who may make recommendations to the Combined Authority regarding the allowances payable to—

(a) the Mayor; and

(b) the deputy mayor provided that the deputy mayor is not a leader or elected mayor of a constituent or non-constituent council or the Chair of the Local Enterprise Partnership.

(2) An independent remuneration panel must consist of at least three members none of whom—

(a) is also a member of the Combined Authority or is a member of a committee or sub-committee of the Combined Authority or a member of a constituent council of the Combined Authority; or

(b) is disqualified from being or becoming a member of the Combined Authority.

(3) The Combined Authority may pay the expenses incurred by the independent remuneration panel established under paragraph (1) in carrying out its functions and may pay the members of the panel such allowances or expenses as the Combined Authority may determine.

Section 9

The Combined Authority may only pay an allowance to the Mayor or the deputy mayor if—

(a) the Combined Authority has considered a report published by the independent remuneration panel established under paragraph 8(1) which contains recommendations for such an allowance; and

(b) the allowance paid by the Combined Authority does not exceed the amount specified in the recommendation made by the independent remuneration panel.

Section 9A

The Combined Authority may pay an allowance to—

(a) a member of a constituent council who is appointed to an overview and scrutiny committee of the Combined Authority, or a sub-committee of that committee,

(b) a member of the Combined Authority or a member of a constituent council who is appointed to the audit committee of the Combined Authority,

in accordance with any recommendations made by its independent remuneration panel.

Section 10

The Combined Authority must consider a report from the independent remuneration panel before approving a scheme under paragraph 7.

Section 1

The Transport Act 1968 is amended as follows.

Section 2

(1) Section 9 (areas, authorities and executives) is amended as follows.

(2) In subsection (1)(c)—

(a) in sub-paragraph (i), after “England and Wales” there is inserted “(except as mentioned in sub-paragraph (ia))”;

(b) after sub-paragraph (i) there is inserted—

(ia) in relation to the area of the West Yorkshire Combined Authority, that Authority;

(3) After subsection (6) there is inserted—

(6A) This section applies in relation to the West Yorkshire Combined Authority as if—

(a) subsections (2) to (4) were omitted; and

(b) in subsection (5), the words “the Executive and any subsidiary of the Executive”. were omitted.

Section 3

In section 9A (general functions of Authorities and Executives), after subsection (11) there is inserted—

(12) This section applies to the West Yorkshire Combined Authority as if—

(a) the duty under subsection (3) were a duty for the Authority to secure the provision of such public passenger transport services as it considers appropriate for meeting any public transport requirements within its area which in the view of the Authority would not be met apart from any action taken by it for that purpose;

(b) subsection (3A) were omitted;

(c) in subsection (5)—

(i) the words “for the Executive of that area” were omitted;

(ii) for the words “by the Executive for that area, and the Executive” there were substituted “and”;

(d) in subsections (6) and (7), the references to the Executive were omitted.

Section 4

In section 10 (general powers of Executive), after subsection (9) there is inserted—

(10) This section applies to the West Yorkshire Combined Authority as if—

(a) in subsection (1)—

(i) in paragraph (xxiii), the words “subject, in the case of a disposal of land, to the approval of the Authority” were omitted, and

(ii) any other reference to the approval of the Authority were omitted;

(b) in subsection (7), the words “the approval of the Authority or” were omitted.

Section 5

In section 11 (financial duty of Executive), after subsection (3A) there is inserted—

(3B) Subsection (3A) applies to the West Yorkshire Combined Authority as if the words from “and the Authority” to “the application thereof” were omitted.

Section 6

In section 12 (borrowing powers of Executive), after subsection (7) there is inserted—

(8) This section does not apply to the West Yorkshire Combined Authority.

Section 7

In section 13 (power to make grants)—

(a) the existing text is renumbered as subsection (1);

(b) after that subsection there is inserted—

(2) This section does not apply to the West Yorkshire Combined Authority.

Section 8

In section 14 (accounts of Executive), after subsection (3) there is inserted—

(4) This section does not apply to the West Yorkshire Combined Authority.

Section 9

In section 15 (further functions of Authority), after subsection (7) there is inserted—

(8) This section does not apply to the West Yorkshire Combined Authority.

Section 10

In section 15A (additional provisions as to control of Executive by Authority), after subsection (3) there is inserted—

(4) This section does not apply to the West Yorkshire Combined Authority.

Section 11

In section 16 (publication of annual report by Authority and Executive and prevention of improper conduct of subsidiary activities), after subsection (2) there is inserted—

(2A) In its application to the West Yorkshire Combined Authority, subsection (2) has effect as if—

(a) the words “jointly by the Authority and the Executive” were omitted;

(b) “and the Executive” (in the second place) were omitted; and

(c) for “their respective” there were substituted “its”.

Section 1

Such functions of the constituent authorities as are exercisable for the purpose of economic development and regeneration in reliance on the general power of competence under section 1 of the Localism Act 2011 .