Solon does not know this law's official route yet. The proposal is recorded all the same, and the route appears here once its source is added.
55 provisions
Title and introductory text
2023 No. 1432
Local Government, England
Transport, England
Police, England
Fire And Rescue Services, England
The York and North Yorkshire Combined Authority Order 2023
Made
19th December 2023
Coming into force in accordance with article 1
The Secretary of State makes the following Order in exercise of the powers conferred by sections 103(1), 104(1), 105(1) and (3), 105A(1), (2), (3), (4)(b) and (7), 107A, 107D(1), (3)(c)(ii), (4), (5), (7) and (8), 107E(1) to (4), 107F(1), (5) and (6), 114(1) and (3), 115, 116 and 117(1A) and (5) of, and paragraph 3 of Schedule 5B and Schedule 5C to, the Local Democracy, Economic Development and Construction Act 2009 (“the 2009 Act”).
The Secretary of State, having had regard to a scheme prepared and published under section 109 of the 2009 Act, considers that—
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 has been carried out.
The Secretary of State is satisfied that the area to which this Order relates meets the conditions set out in section 103(2) and (5) of the 2009 Act.
In making this Order, the Secretary of State has had regard to the need to reflect the identities and interests of local communities and the need to secure effective and convenient local government.
In accordance with sections 104(10), 105(3A), 105B(1) and (2), 107D(9) and 107F(4) of the 2009 Act, the councils for the local government areas of North Yorkshire and the City of York have consented to the making of this Order.
In accordance with section 105B(9) of the 2009 Act the Secretary of State has laid before Parliament a report explaining the effect of this Order and why the Secretary of State considers it appropriate to make this Order.
A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 117(2) of the 2009 Act.
Accordingly, the Secretary of State makes the following Order—
(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.
In this Order and in any modifications to legislation made by this Order—
“the 1980 Act” means the Highways Act 1980;
“the 1984 Act” means the Road Traffic Regulation Act 1984;
...
“the 1989 Act” means the Local Government and Housing Act 1989;
...
“the 1999 Act” means the Greater London Authority Act 1999;
“the 2000 Act” means the Transport Act 2000;
“the 2003 Act” means the Local Government Act 2003;
“the 2004 Act” means the Fire and Rescue Services Act 2004;
...
“the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;
...
“the BRS Act” means the Business Rate Supplements Act 2009;
“the PRSR Act” means the Police Reform and Social Responsibility Act 2011;
“the TM Act” means the Traffic Management Act 2004;
“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;
...
“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;
“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) 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;
“highway authority” and “local highway authority” have the same meaning as in sections 1 to 3 and 329(1) of the 1980 Act;
“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, as modified by the Combined Authorities (Finance) Order 2017) in respect of the Mayor’s PCC functions;
“PCC component council tax requirement” means the component of the council tax requirement calculated under section 42A of the Local Government Finance Act 1992 (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 (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.
(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).
(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.
(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) 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.
(1) Subject to paragraphs (2) to (4), the function of the Secretary of State set out in section 154(1) (grants to bus service operators) of the 2000 Act is exercisable by the Combined Authority in relation to the Area.
(2) For the purpose of paragraph (1), section 154(1) of the 2000 Act has effect as if the words “with the approval of the Treasury” were omitted.
(3) Grants made by virtue of the functions conferred by paragraph (1) must be—
(a) calculated in accordance with such method as may be provided by any regulations made by the Secretary of State by virtue of section 154(2) of the 2000 Act; and
(b) subject to sub-paragraph (a), of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as may be determined by the Secretary of State by virtue of section 154(3) of the 2000 Act and notified to the Combined Authority.
(4) Grants must not be made by virtue of the function conferred by paragraph (1) to the extent that eligible bus services operate outside the Area.
(5) The function mentioned in paragraph (1) is exercisable concurrently with the Secretary of State in relation to the Area.
(6) In this article, “eligible bus services” has the meaning given by section 154(5) of the 2000 Act.
(1) The functions of the constituent councils as local traffic authorities specified in the following provisions of the 1984 Act are exercisable by the Combined Authority in relation to the Area—
(a) section 1 (traffic regulation orders outside Greater London);
(b) section 2 (what a traffic regulation order may provide);
(c) section 9 (experimental traffic orders).
(2) The functions specified in paragraph (1) are exercisable by the Combined Authority concurrently with the constituent councils.
(3) Part 1 of, and Schedule 9 to, the 1984 Act apply in relation to the exercise by the Combined Authority of the functions specified in paragraph (1) as they apply in relation to the exercise by the constituent councils as local traffic authorities of those functions.
(4) The 1996 Regulations apply in relation to orders made or proposed to be made by the Combined Authority in exercise of the functions specified in paragraph (1) as they apply in relation to orders made or proposed to be made by the constituent councils in exercise of those functions.
(5) For the purposes of paragraph (4), references in the 1996 Regulations to an “order making authority” are to be read as including references to the Combined Authority.
(6) In this article—
(a) “the 1996 Regulations” means the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996; and
(b) “local traffic authority” has the meaning given by section 121A of the 1984 Act.
(7) Any exercise of the functions conferred by paragraph (1) requires the consent of each constituent council in whose area it is proposed that the functions are to be exercised.
18 Transport functions related to traffic signs and pedestrian crossings
(1) The functions of the constituent councils as local traffic authorities specified in the following provisions of the 1984 Act are exercisable by the Combined Authority in relation to the Area—
(a) section 23 (pedestrian crossings); and
(b) section 65 (placing of traffic signs).
(2) The functions specified in paragraph (1) are exercisable by the Combined Authority concurrently with the constituent councils.
(3) In consequence of sub-paragraphs (a) and (b) of paragraph (1), the Combined Authority, in the discharge of the functions conferred on it by those provisions—
(a) is to be treated as a highway authority for the purposes of sections 62 and 278 of the 1980 Act; and
(b) is to be treated as a local traffic authority for the roads in relation to which the functions are exercised.
(4) In this article, “local traffic authority” has the meaning given by section 121A of the 1984 Act.
(5) Any exercise of the functions conferred by paragraph (1) requires the consent of each constituent council in whose area it is proposed that the functions are to be exercised.
19 Apparatus affected by highway, bridge or transport works
(1) The functions of the constituent councils as highway authorities specified in the following enactments are exercisable by the Combined Authority in relation to the Area—
(a) sections 83, 84 and 85 of the 1991 Act; and
(b) the 2000 Regulations.
(2) The functions mentioned in paragraph (1) are exercisable by the Combined Authority concurrently with the constituent councils.
(3) The 2000 Regulations apply in relation to the sharing of costs of diversionary works between the Combined Authority and undertakers as they apply in relation to the sharing of costs of diversionary works between a constituent council and undertakers.
(4) For the purposes of paragraph (3), references in the 2000 Regulations to an authority are to be read as including references to the Combined Authority.
(5) In this article—
(a) “the 1991 Act” means the New Roads and Street Works Act 1991;
(b) “the 2000 Regulations” means the Street Works (Sharing of Costs of Works) (England) Regulations 2000;
(c) “diversionary works” has the meaning given by regulation 2(1) of the 2000 Regulations; and
(d) “undertaker” has the same meaning as in sections 48(4) and (5) (streets, street works and undertakers) and 89(4) (public sewers, sewer authorities and related matters) of the 1991 Act.
(6) Any exercise of the functions conferred by paragraph (1) requires the consent of each constituent council in whose area it is proposed that the functions are to be exercised.
(1) The functions of the constituent councils as local highway authorities specified in the following provisions of the TM Act are exercisable by the Combined Authority in relation to the Area—
(a) section 33 (preparation of permit schemes);
(b) section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England); and
(c) section 36 (variation and revocation of permit schemes).
(2) The functions of the constituent councils as Permit Authorities specified in the 2007 Regulations are exercisable by the Combined Authority in relation to the Area.
(3) The functions mentioned in paragraph (1) and (2) are exercisable by the Combined Authority concurrently with the constituent councils.
(4) Part 3 of the TM Act (permit schemes) applies in relation to the preparation, implementation, variation and revocation of permit schemes by the Combined Authority as it applies in relation to the preparation, implementation, variation and revocation of permit schemes by a constituent council as a local highway authority, subject to the modifications in Schedule 4 to this Order.
(5) The 2007 Regulations apply in relation to the content, preparation, operation, variation and revocation of permit schemes by the Combined Authority as they apply in relation to the content, preparation, operation, variation and revocation of permit schemes by a constituent council as a Permit Authority.
(6) For the purposes of paragraph (5), references in the 2007 Regulations to a Permit Authority are to be read as including references to the Combined Authority.
(7) In this article—
(a) “Permit Authority” has the same meaning as in regulation 2(1) of the 2007 Regulations;
(b) “permit scheme” is to be construed in accordance with section 32 of the TM Act; and
(c) “the 2007 Regulations” means the Traffic Management Permit Scheme (England) Regulations 2007.
(8) Any exercise of the functions conferred by paragraphs (1) and (2) requires the consent of each constituent council in whose area it is proposed that the functions are to be exercised.
(1) The functions of the constituent councils approved as Approved Authorities that are specified in the 2012 Regulations are exercisable by the Combined Authority in relation to the Area.
(2) The functions mentioned in paragraph (1) are exercisable by the Combined Authority concurrently with the constituent council.
(3) The 2012 Regulations apply in relation to the operation of lane rental schemes by the Combined Authority as they apply in relation to the operation of lane rental schemes by a constituent council that is an Approved Authority.
(4) For the purposes of paragraph (3), references in the 2012 Regulations to an Authorised Authority are to be read as including references to the Combined Authority.
(5) In this article—
(a) “Approved Authority” has the same meaning as in regulation 2 of the 2012 Regulations;
(b) “lane rental scheme” means a scheme whereby an undertaker executing street works in a maintainable highway is required to pay to the highway authority a charge determined by reference to the duration of the works; and
(c) “the 2012 Regulations” means the Street Works Charges for Occupation of the Highway (England) Regulations 2012.
(6) The Combined Authority may not exercise the functions conferred by paragraph (1) unless —
(a) all of the constituent councils are Approved Authorities; and
(b) each constituent council in whose area it is proposed that the functions are to be exercised has consented—
(i) to the exercise of those functions; and
(ii) to the exercise of the functions specified in article 20 (permit schemes) pursuant to paragraph (8) of that article.
23 Amendment of the Sub-national Transport Body (Transport for the North) Regulations 2018
(1) The Sub-national Transport Body (Transport for the North) Regulations 2018 are amended in accordance with paragraph (2).
(2) In regulation 2(1) (interpretation) in the definition of “constituent authorities”—
(a) omit “The Council of the City of York” and “North Yorkshire Council”; and
(b) after “Westmorland and Furness Council”, insert “The York and North Yorkshire Combined Authority”.
(1) The functions of the Combined Authority specified in paragraph (2) are general functions exercisable only by the Mayor.
(2) The functions referred to in paragraph (1) are the functions of the Combined Authority corresponding to the functions in the following enactments—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) section 154(1) (grants to bus service operators) of the 2000 Act;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) in relation to the functions conferred by article 30 of this Order, the BRS Act; and
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) For the purposes of the exercise of any mayoral function the Mayor may do anything that the Combined Authority may do under section 113A of the 2009 Act (general power of EPB or combined authority).
(5) The Mayor must not make arrangements under section 107D(3)(b) of the 2009 Act (functions of mayors: general) in relation to the functions specified in paragraph (2)(e), in relation to a political adviser appointed under article 5.
(1) Subject to paragraphs (3) to (6), the constituent councils must ensure that the costs of the Combined Authority reasonably attributable to the exercise of its functions are met.
(2) Subject to paragraph (4), the constituent councils must meet the costs of the expenditure reasonably incurred by the Mayor in, or in connection with, the exercise of any mayoral function, to the extent that the Mayor has not decided to meet these costs from other resources available to the Combined Authority.
(3) Any amount payable by each of the constituent councils to ensure that the costs of the Combined Authority referred to in paragraphs (1) and (2) are met is to be determined by apportioning such costs between the constituent councils in such proportions as they may agree or, in default of such agreement, in accordance with the proportion of the total resident population of the Combined Authority which resides in the area of each constituent council at the relevant date as estimated by the Statistics Board.
(4) In relation to the expenditure mentioned in paragraph (2)—
(a) to the extent to which such expenditure is met by amounts payable under paragraph (3)—
(i) the Mayor must agree with the Combined Authority the total expenditure mentioned in paragraph (2) in advance of incurring such expenditure; and
(ii) in the absence of the agreement specified in paragraph (i), no such expenditure may be incurred; and
(b) any precept issued in relation to such expenditure under section 40 of the Local Government Finance Act 1992 is to be disregarded from any calculation of the costs of the expenditure.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) For the financial year commencing on 1st April 2024, the costs incurred by the Mayor in the exercise of the functions referred to in Part 9 must be met by the precept issued by the police and crime commissioner under section 40 of the Local Government Finance Act 1992 for that financial year.
(7) For the purposes of paragraph (3), the “relevant date” in relation to a payment for a financial year is 30 June in the financial year which commenced two years prior to the financial year in which such payment is to be made.
30 Conferral of Business Rate Supplements functions
(1) The Combined Authority has, in relation to the Area, functions corresponding to the functions conferred on the Greater London Authority in relation to Greater London by the BRS Act.
(2) Paragraph (1) does not apply in relation to the function conferred by section 3(5) of the BRS Act.
For the purposes of article 30, the BRS Act applies to the Combined Authority as if—
(a) references to the Greater London Authority in section 2(1) (levying authorities) and in section 5(2) (prospectus) of the BRS Act included references to the Combined Authority; and
(b) references in that Act to a lower-tier authority were, in relation to the Combined Authority, references to a district council whose area forms part of the Area.
(1) The Mayor is to exercise functions of a police and crime commissioner in relation to the Area.
(2) There is to be no police and crime commissioner for the Area from 7th May 2024.
(3) Any election of a police and crime commissioner for the Area that would otherwise take place (whether before, on or after 7th May 2024) by virtue of section 50(1)(b) of the PRSR Act (ordinary elections) is not to take place.
(4) The term of office of the police and crime commissioner for North Yorkshire is to continue until 7th May 2024.
(5) Any election to fill a vacancy in the office of police and crime commissioner for North Yorkshire which would otherwise take place under section 51 of the PRSR Act (election to fill vacancy in office of commissioner) is not to take place if the vacancy occurs within the period starting on the day on which this article comes into force and ending on 2nd May 2024.
33 Transfer of police and crime commissioner functions
(1) Subject to paragraphs (2) and (3), the Mayor is to be treated, in relation to the Mayor’s PCC functions, as a police and crime commissioner for the purposes of all police and crime commissioner enactments, whenever passed or made.
(2) In their application to the Mayor, the police and crime commissioner enactments set out in Schedule 5 apply with the modifications set out in that Schedule.
(3) Paragraph (1) does not apply to the enactments set out in Schedule 6.
(1) All property, rights and liabilities, including rights and liabilities in relation to contracts of employment, which immediately before 7th May 2024 were property, rights and liabilities of the police and crime commissioner for North Yorkshire are to transfer to, and by virtue of this paragraph vest in, the Combined Authority on 7th May 2024.
(2) In relation to the property rights and liabilities transferred by paragraph (1) and any property, rights and liabilities acquired in relation to the Mayor’s PCC functions on or after 7th May 2024—
(a) all functions in relation to such property, rights and liabilities are to be exercised by the Mayor;
(b) all decisions relating to such property, rights and liabilities are to be made by the Mayor;
(c) any receipts arising from such property, rights and liabilities, whether arising from their use, sale, disposal or otherwise, are to be paid into the police fund kept by the Mayor by virtue of section 21 of the PRSR Act (police fund).
(3) All monies held in the police fund kept by the police and crime commissioner for North Yorkshire under section 21 of the PRSR Act immediately before 7th May 2024 are, on that date, to transfer to the police fund kept by the Mayor by virtue of that section, as applied in accordance with article 33.
(4) Nothing in paragraph (2) prevents the Mayor from making arrangements under section 18 of the PRSR Act (delegation of functions by police and crime commissioners), as applied in accordance with article 33 in relation to the matters mentioned in paragraph (2).
In the case of a person who immediately before 7th May 2024 is seconded to the police and crime commissioner for North Yorkshire, the secondment is to have effect, beginning on that date as a secondment to the Combined Authority.
(1) The abolition of the police and crime commissioner for North Yorkshire, the transfer or abolition of the commissioner’s functions and the transfer of the commissioner’s property, rights and liabilities do not affect the validity of anything done before the abolition or transfer.
(2) Paragraphs (3) to (5) apply where any functions, property, rights or liabilities are transferred by or under this Part from the police and crime commissioner for North Yorkshire to the Combined Authority.
(3) 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; and
(b) is in the process of being done by or in relation to the police and crime commissioner for North Yorkshire immediately before 7th May 2024.
(4) Anything which—
(a) was made or done by or in relation to the police and crime commissioner for North Yorkshire 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 7th May 2023,
has effect as if made or done by or in relation to the Combined Authority.
(5) The Combined Authority is to be substituted for the police and crime commissioner for North Yorkshire in any instrument, contract or legal proceedings which—
(a) relates to any of the functions, property, rights or liabilities transferred; and
(b) is made or commenced before 7th May 2024.
(6) In this article a reference to the transfer of a function includes a reference to the abolition of a function and the conferral of a corresponding function on another person.
(1) Subsections (2) to (8) of section 414 of the 1999 Act (foreign property, rights and liabilities: perfection of vesting) apply to the transfer by or under this Part of any foreign property, rights or liabilities.
(2) In the application of those provisions by virtue of paragraph (1)—
(a) references to a transfer or pension instrument have effect as references to the transfer by or under this Part; and
(b) references to the transferor and transferee are to be construed accordingly.
(1) All property, rights and liabilities transferred by this Part are to be transferred, notwithstanding that they may be or include—
(a) property, rights and liabilities that would not otherwise be capable of being transferred; or
(b) rights and liabilities under enactments.
(2) No right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property is to operate or become exercisable as a result of any transfer of land or other property by virtue of this Part, whether or not any consent required to the transfer has been obtained.
(3) No right to terminate or vary a contract or instrument is to operate or become exercisable, and no provision of a contract or relevant document is to operate or become exercisable or be contravened, by reason of the transfer made by this Part.
(4) Paragraphs (1) to (3) have effect in relation to—
(a) the grant or creation of an estate or interest in, or right over, any land or other property; or
(b) the doing of any other thing in relation to land or other property,
as they have effect in relation to the transfer made by this Part of land or other property.
(5) In paragraph (3), “relevant document” means—
(a) any enactment, other than an enactment contained in the 2009 Act;
(b) any subordinate legislation made otherwise than under that Act; or
(c) any deed or other instrument.
39 Extension of financial year of Police and Crime Commissioner and Chief Constable for North Yorkshire
(1) The following requirements are modified in the case of the police and crime commissioner for North Yorkshire and the chief constable for the financial year which began on 1st April 2023.
(2) The requirement in section 3(3) of the Local Audit and Accountability Act 2014 (general requirements for accounts) to prepare a statement of accounts for each financial year ending with 31st March is modified so that the period ends with 6th May 2024.
(3) The requirement in regulation 15(1)(a) of the Accounts and Audit Regulations 2015 (commencement of the period for the exercise of public rights) is modified so that the relevant responsible financial officer must ensure that the commencement of the period for the exercise of public rights takes place on such a day that ensures that the period referred to in regulation 14(1) of those Regulations (period for the exercise of public rights) begins on 18th June 2024.
(4) In this article—
“the chief constable” means the chief constable of the police force for North Yorkshire;
“the relevant responsible financial officer” means—
in relation to the police and crime commissioner, the responsible financial officer for the Combined Authority; and
in relation to the chief constable, the responsible financial officer for the police force for North Yorkshire.
(1) Section 86 of the Local Government Act 1972 (declaration by local authority of vacancy in office in certain cases) applies in relation to the Mayor with the following modification.
(2) After section 86(1)(c), insert—
or
(d) ceases to be the Mayor by virtue of section 63 (vacancy where acting commissioner acts for 6 months) of the Police Reform and Social Responsibility Act 2011,
.
41 Transfer of functions of the North Yorkshire Police, Fire and Crime Commissioner Fire and Rescue Authority
(1) The functions of the FRA that are exercisable in relation to the Area are to be functions of the Combined Authority.
(2) The Combined Authority is the fire and rescue authority for the Area for the purposes of the 2004 Act.
(3) The FRA is abolished.
42 General functions of the Combined Authority exercisable only by the Mayor
(1) The fire and rescue functions of the Combined Authority are exercisable only by the Mayor.
(2) For the purposes of the exercise of the fire and rescue functions, the Mayor may do anything that the Combined Authority may do under section 113A of the 2009 Act (general power of EPB or combined authority).
(3) Members and officers of the Combined Authority may assist the Mayor in the exercise of the fire and rescue functions.
43 Arrangements for exercise of fire and rescue functions
(1) The Mayor may not make arrangements under section 107D(3) of the 2009 Act (functions of mayors: general) that authorise the exercise of any of the fire and rescue functions to which article 45 applies.
(2) The Mayor may arrange under section 107D(3) of the 2009 Act for the exercise of fire and rescue functions, other than any of the functions to which article 45 applies, by—
(a) the deputy mayor for policing and crime; or
(b) a committee of the Combined Authority.
(3) The Mayor may not make arrangements described in paragraph (2)(a), and arrangements described in paragraph (2)(b), to have effect concurrently.
(4) Where the Mayor makes arrangements described in paragraph (2)(a), the deputy mayor for policing and crime may, for the purpose of the exercise of fire and rescue functions, do anything that the Combined Authority may do under section 113A of the 2009 Act.
(5) Where the Mayor makes arrangements described in paragraph (2)(b), the committee is to be known as the fire committee.
(1) The Mayor is to appoint one member of the fire committee on the nomination of each constituent council.
(2) The constituent council is to nominate a person to be a member of the fire committee from amongst that council’s constituent members.
(3) Where the Mayor decides not to appoint a person under paragraph (1) who has been nominated by a constituent council, that council may nominate a further person from that council’s elected members.
(4) The Mayor may appoint a maximum of five further members of the fire committee from the elected members of one or more of the constituent councils.
(5) The Mayor and the constituent councils must, when appointing or nominating members to the fire committee, ensure that the members of the fire committee taken as a whole reflect so far as reasonably practicable the balance of the political parties for the time being prevailing among the constituent councils when taken together.
(6) The Mayor must appoint one of the members of the fire committee to serve as the chair of the committee.
(7) A member of the fire committee ceases to be a member of that committee if that person ceases to be a member of the constituent council of which that person had been a member at the time of their appointment to the Committee.
(8) A member of the fire committee may resign as a member of the fire committee by written notice served on the proper officer of the constituent council which that person had been a member of at the time of their appointment to the committee and the resignation is to take effect on receipt of the notice by the proper officer.
(9) The Mayor may at any time terminate the appointment of a member of the fire committee who has not attended a meeting of the fire committee during a period of six consecutive months beginning with the date of that member’s last attendance.
(10) Where a person ceases to be a member of the fire committee by virtue of paragraph (7), (8) or (9)—
(a) where paragraph (1) applied to that person, the constituent council that nominated the member must as soon as practicable give written notice to the Mayor and nominate another person from that council’s elected members;
(b) the Mayor must appoint another person to be a member of the fire committee.
(11) Where an elected member of the constituent council is appointed by the Mayor to be a member of the fire committee, that constituent council may, in accordance with its own scheme of allowances, pay a special responsibility allowance to that member and also a travelling and subsistence allowance.
(12) In this article—
“special responsibility allowance” and “travelling subsistence allowance” have the same meaning as in the Local Authorities (Members’ Allowances) (England) Regulations 2003.
45 Fire and rescue functions excluded from the power to make arrangements
(1) This article applies to the following fire and rescue functions—
(a) functions under the following provisions of the 2004 Act—
(i) section 13 (reinforcement schemes);
(ii) section 15 (arrangements with other employers of fire-fighters);
(iii) section 16 (arrangements for discharge of functions by others);
(b) the functions of—
(i) appointing, suspending or dismissing the chief fire officer;
(ii) approving the terms of appointment of the chief fire officer;
(iii) holding the chief fire officer to account for managing the fire and rescue service;
(c) approving—
(i) the community risk management plan;
(ii) the fire and rescue declaration;
(d) approving plans, modifications to plans and additions to plans for the purpose of ensuring that—
(i) as far as reasonably practicable, the Combined Authority is able to perform its fire and rescue functions if an emergency occurs, and
(ii) the Combined Authority is able to perform its functions so far as is necessary or desirable for the purpose of preventing an emergency or reducing, controlling or mitigating the effects of an emergency, or taking other action in connection with it;
(e) approving any arrangements for the co-operation of the Combined Authority in relation to its fire and rescue functions with other Category 1 responders and Category 2 responders in respect of—
(i) the performance of the Combined Authority’s duty as a fire and rescue authority under section 2 of the Civil Contingencies Act 2004 (duty to assess, plan and advise);
(ii) any duties under subordinate legislation made in exercise of powers under that Act.
(2) In paragraph (1)(d) “emergency” has the meaning given in section 1 of the Civil Contingencies Act 2004 (meaning of “emergency”).
(3) In paragraph (1)(e) “Category 1 responder” and “Category 2 responder” have the meanings given in section 3 of the Civil Contingencies Act 2004 (section 2: supplemental).