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52 provisions
Title and introductory text
2024 No. 402
Local Government, England
Transport, England
Education, England
The North East Mayoral Combined Authority (Establishment and Functions) Order 2024
Made
20th March 2024
Coming into force in accordance with article 1(2) and (3)
The Secretary of State makes this Order in exercise of the powers conferred by sections 103(1) and (7), 104(1) and (5), 105(1) and (3), 105A(1), (2), (3)(a) and (b), (4) and (7), 107(1), 107A(1), 107D(1), (3), (5), (7) and (8), 107E(1) to (4), 114(1) and (3), 115, 116 and 117(1A) and (5) of, and paragraphs 3 and 4 of Schedule 5A and paragraph 3 of Schedule 5B to, the Local Democracy, Economic Development and Construction Act 2009 (“the 2009 Act”).
The Secretary of State, having had regard to the scheme prepared and published under sections 109 and 112 of the 2009 Act, considers that the requirements of sections 110(1) and 113(1)(a) of the 2009 Act have been met.
A consultation of the kind described in sections 110(2)(b) and 113(2)(b) of the 2009 Act has been carried out and the Secretary of State considers that no further consultation is necessary.
The Secretary of State is satisfied that the areas to which this Order relates meet 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 compliance with sections 110(4) and 113(3) of the 2009 Act.
The Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority and their respective constituent councils, have consented to the making of this Order in so far as their consent is required in accordance with sections 104(10)(a) and (b), 105(3A)(a) and (b), 105B(1) and (2), 107(2)(a), 107D(9) and 110(1)(b) of the 2009 Act.
In accordance with section 107(2)(b) of the 2009 Act, the Mayor of the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority has 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.
(1) This Order may be cited as the North East Mayoral Combined Authority (Establishment and Functions) Order 2024.
(2) This Part and Part 4 (election of Mayor) come into force on the day after the day on which this Order is made.
(3) The remaining provisions in this Order come into force on 7th May 2024.
(4) This Order extends to England and Wales.
In this Order—
“the 1972 Act” means the Local Government Act 1972;
...
“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 2004 Act” means the Planning and Compulsory Purchase Act 2004;
...
“the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;
...
“the 2014 Order” means the Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014—
for the purposes of this Part and Part 4, as in force on the day that this Order is made;
for all other purposes, as in force immediately before 7th May 2024;
“the 2018 Order” means the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018—
for the purposes of this Part and Part 4, as in force on the day that this Order is made;
for all other purposes, as in force immediately before 7th May 2024;
...
...
“Combined Area” means the area consisting of the areas of the constituent councils;
“the Combined Authority” means the combined authority established by article 5;
“Constituent Council Member” means an elected member appointed to the Combined Authority by a constituent council pursuant to paragraph 1(1)(a) of Schedule 1;
“constituent councils” means the councils for the local government areas of Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland, and a reference to a “constituent council” is a reference to any one of those councils;
...
“the Durham, Gateshead, South Tyneside and Sunderland Combined Authority” means the combined authority established by article 3 of the 2014 Order which by virtue of article 3(4) of the 2018 Order is known as the Durham, Gateshead, South Tyneside and Sunderland Combined Authority;
...
“ITA” means the Tyne and Wear Integrated Transport Authority;
“the joint transport committee” means the committee appointed under article 8 of the 2018 Order as constituted immediately before 7th May 2024, that committee being the forum by way of which the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority made decisions in respect of the transport functions outlined in article 9(1) of the 2018 Order across the whole of the area covered by those combined authorities;
“Mayor” means the Mayor for the Combined Area as provided for by article 14, except in the terms “mayor of the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority” and “Mayor of London”;
“the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority” means the authority established by article 3(1) of the 2018 Order;
...
“Substitute Constituent Council Member” means an elected member appointed to the Combined Authority by a constituent council pursuant to paragraph 1(1)(b) of Schedule 1;
“the TMA” means the Traffic Management Act 2004.
3 Dissolution of the combined areas of Durham, Gateshead, South Tyneside and Sunderland and Newcastle Upon Tyne, North Tyneside and Northumberland and the abolition of their respective combined authorities
(1) The combined area as defined by article 2 of the 2014 Order, that area having been the area covered by the Durham, Gateshead, South Tyneside and Sunderland Combined Authority, is dissolved on 7th May 2024.
(2) The combined area as defined by article 2 of the 2018 Order, that area having been the area covered by the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority, is dissolved on 7th May 2024.
(3) The Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority are abolished on 7th May 2024.
(4) The 2014 Order, the 2018 Order and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Adult Education Functions) Order 2019 are revoked on 7th May 2024.
5 Establishment of the North East Mayoral Combined Authority
(1) There is established on 7th May 2024 a combined authority for the Combined Area.
(2) The combined authority is a body corporate to be known as the North East Mayoral Combined Authority.
(3) The functions of the Combined Authority are those functions conferred or imposed upon it by this Order or by any 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).
7 Transfer of property, assets, rights and liabilities
All property, rights, assets and liabilities, including rights and liabilities in relation to contracts of employment, which immediately before 7th May 2024 were property, rights, assets and liabilities of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority or the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority are to transfer to, and by virtue of this article vest in, the Combined Authority on 7th May 2024.
Subject to article 12 (pension liabilities), any function of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority or the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority which is not otherwise conferred on the Combined Authority by any other provision in this Order is conferred on the Combined Authority by this article.
(1) Nothing in this Order affects the validity of anything done before 7th May 2024 by or in relation to—
(a) the ITA with respect to the functions, property, rights and liabilities transferred under article 6 of the 2014 Order and article 7(1)(a) of the 2018 Order;
(b) Durham County Council and Northumberland County Council with respect to the functions transferred under article 8 of the 2014 Order;
(c) Durham County Council and Northumberland County Council with respect to the functions transferred under article 7(1)(b) and (c) of the 2018 Order;
(d) the Durham, Gateshead, South Tyneside and Sunderland Combined Authority with respect to functions exercised in relation to the Combined Area; and
(e) the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority with respect to functions exercised in relation to the Combined Area.
(2) Anything (including legal proceedings) which—
(a) is in the process of being done by or in relation to the Durham, Gateshead, South Tyneside and Sunderland Combined Authority or the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority immediately before 7th May 2024;
(b) relates to any functions of either of those Authorities exercised in relation to the Combined Area including the functions exercisable by the joint transport committee under article 9(1)(a) to (h) of the 2018 Order; and
(c) relates to the property, rights, assets and liabilities transferred by article 7,
may be continued by the Combined Authority.
(3) Anything which—
(a) is in effect immediately before 7th May 2024; and
(b) was made or done by or in relation to the Durham, Gateshead, South Tyneside and Sunderland Combined Authority or the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority for the purposes of or otherwise in connection with any functions exercised in relation to the Combined Area, including the functions exercisable by the joint transport committee under article 9(1)(a) to (h) of the 2018 Order,
has effect as if made or done by or in relation to the Combined Authority.
(4) The Combined Authority is to be substituted for the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and for the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority in any instruments, contracts or legal proceedings which—
(a) are made or commenced before 7th May 2024; and
(b) relate to any of the functions exercisable by the Durham, Gateshead, South Tyneside and Sunderland Combined Authority or, as the case may be, the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority in relation to the Combined Area, including the functions exercisable by the joint transport committee under article 9(1)(a) to (h) of the 2018 Order.
(5) Anything (including legal proceedings) which is in the process of being done by or in relation to a relevant body immediately before 7th May 2024 and which relates to the functions exercisable by the joint transport committee under article 9(1)(a) to (h) of the 2018 Order, may be continued by the Combined Authority.
(6) The Combined Authority is to be substituted for a relevant body in any instruments, contracts or legal proceedings which—
(a) are made or commenced before the coming into force of this Part; and
(b) relate to any of the functions exercisable by the joint transport committee under article 9(1)(a) to (h) of the 2018 Order.
(7) For the purposes of this article, a relevant body is—
(a) the ITA;
(b) Durham County Council;
(c) Northumberland County Council;
(d) the Durham, Gateshead, South Tyneside and Sunderland Combined Authority;
(e) the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority.
(8) A reference in this article to anything made or done by or in relation to a relevant body 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 that body.
10 Extension of financial year of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority
(1) The requirement in section 3(3) of the Local Audit and Accountability Act 2014 for a relevant authority to prepare a statement of accounts for each financial year is modified in the case of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority as set out in paragraph (2).
(2) In relation to the financial year beginning with 1st April 2023, the Combined Authority is to prepare a statement of accounts for each of the authorities mentioned in paragraph (1) as though that financial year were to end with 7th May 2024.
(1) The Combined Authority must designate the person who, immediately before 7th May 2024, held the role of Chief Finance Officer, such person having had responsibility for the proper administration of its financial affairs within the meaning of section 73 of the Local Government Act 1985 (financial administration), in the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority, to be its Chief Finance Officer.
(2) The Combined Authority must designate the person who, immediately before 7th May 2024, held the role of Head of Paid Service, within the meaning of section 4 of the 1989 Act (designation and reports of head of paid service), in the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority, to be its Head of Paid Service.
(3) The Combined Authority must designate the person who, immediately before 7th May 2024, held the role of Monitoring Officer, within the meaning given in section 5 of the 1989 Act (designation and reports of monitoring officer), in the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority, to be its Monitoring Officer.
(4) The Combined Authority must designate the person who, immediately before 7th May 2024, held the role of Scrutiny Officer, within the meaning of section 9FB of the Local Government Act 2000 (scrutiny officers), in the Durham, Gateshead, South Tyneside and Sunderland Combined Authority, to be its Scrutiny Officer.
(5) In the event that any of the posts listed in paragraph (1) or (4) lies vacant immediately before, or on, 7th May 2024, the Combined Authority must as soon as reasonably practicable designate a new person to that post.
The Combined Authority is the scheme employer for the purposes of the Local Government Pension Scheme Regulations 2013 in place of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority, or, as the case may be, the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority and is to be responsible for meeting the liabilities of the Tyne and Wear Pension Fund in respect of benefits due to, or in respect of, the ITA’s former employees, or any liabilities of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority or the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority.
13 Cancellation of the election for the mayor of the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority in 2024
(1) The 2018 Order is amended as follows.
(2) In article 5 (Mayor) for paragraphs (3), (4) and (5) substitute—
(3A) There are to be no subsequent elections for the return of a Mayor following the election that took place on 2nd May 2019.
(4A) The term of office of the Mayor elected on 2nd May 2019 is to continue until the end of 6th May 2024.
.
(1) There is to be a Mayor for the Combined Area.
(2) The first election for the return of a Mayor is to be held on 2nd May 2024.
(3) Subsequent elections for the return of the Mayor must take place—
(a) on the ordinary day of election of councillors in England in 2028; and
(b) in each subsequent fourth year on the ordinary day of election of councillors in England in that year.
(4) In this article, “the ordinary day of election of councillors in England” means, in relation to any year, the day that is the ordinary day of election in that year of councillors in England in accordance with section 37 of the Representation of the People Act 1983.
15 The Mayor’s first and subsequent terms of office
(1) The term of office of the Mayor for the Combined Area who is elected in 2024—
(a) begins with 7th May 2024; and
(b) ends with the fourth day after the day of the poll at the next election for the return of a Mayor for the Combined Area.
(2) The term of office of the Mayor who is elected in 2028 and in each subsequent fourth year—
(a) begins with the fourth day after the day of the poll at the election for the return of a Mayor for the Combined Area; and
(b) ends with the fourth day after the day of the poll at the next election for the return of a Mayor for the Combined Area.
16 Modification of the Combined Authorities (Mayoral Elections) Order 2017
(1) The Combined Authorities (Mayoral Elections) Order 2017 (“the 2017 Order”) has effect for the purposes of the election to be held for the return of the Mayor on 2nd May 2024 with the modifications specified in paragraphs (2) to (7).
(2) Article 2 (interpretation) is to be read as if—
(a) the existing paragraph were numbered “(1)”;
(b) there were inserted after that paragraph—
(2) In this Order, any reference to a “combined authority” includes a reference to the North East Mayoral Combined Authority, to be established by article 5 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024.
.
(3) Article 6 (combined authority returning officer) is to be read as if—
(a) at the beginning of article 6(1) there were inserted “Subject to paragraph (1A),”;
(b) after paragraph (1) there were inserted—
(1A) In relation to the election on 2nd May 2024 to be held for the return of a Mayor for the North East Mayoral Combined Authority, which is to be established by article 5 of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024, (“the election”), the Sunderland City Council returning officer is to be the combined authority returning officer in relation to the election, but in the event that they are unable to act, the deputy Sunderland City Council returning officer is to be the returning officer for the election.
.
(4) Article 8 (free delivery of elections addresses) is to be read as if for paragraph (2) there were substituted—
(2) Candidates’ election addresses are to be delivered at the expense of the constituent councils, such expenditure to be reimbursed by the North East Mayoral Combined Authority following its establishment.
.
(5) In Schedule 1 (the Combined Authority Mayoral Elections Rules)—
(a) rule 28(6) is to be read as if for sub-paragraph (b) there were substituted—
(b) the following notice which must be exhibited in every compartment of every polling station—
NORTH EAST MAYORAL COMBINED AUTHORITY MAYORAL ELECTION
Vote for ONLY ONE CANDIDATE by putting a cross [X] in the box next to your choice.
PUT NO OTHER MARK ON THE BALLOT PAPER OR YOUR VOTE MAY NOT COUNT.
;
(b) rule 59 is to be read as if for paragraph (17) there were substituted—
(17) The combined authority returning officer, or as the case may be, their deputy, acting in their capacity as the combined authority returning officer in relation to the election must inform the respective proper officers of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority of the result of the election.
.
(6) In Schedule 2 (modifications of Acts and statutory instrument), in paragraph 1 (modification of the Representation of the People Act 1983), the existing modification of section 36 of the Representation of the People Act 1983 made by sub-paragraph (6)(b) is to be read as if for the inserted subsection (4C) there were substituted—
(4C) All expenditure properly incurred by a returning officer or combined authority returning officer in relation to the holding of a combined authority mayoral election must, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority, exceed that scale, be paid by the constituent councils of the North East Mayoral Combined Authority, and reimbursed by the North East Mayoral Combined Authority.
.
(7) In Schedule 3 (Combined Authority Mayoral Election (Combination of Polls) Rules)—
(a) in rule 28(8)(b), the entry “[Specify name of combined authority] COMBINED AUTHORITY MAYORAL ELECTION ([specify colour] ballot paper)” is to be read as if for it there were substituted—
NORTH EAST MAYORAL COMBINED AUTHORITY MAYORAL ELECTION ([specify colour] ballot paper)
;
(b) rule 59 is to be read as if for paragraph (18) there were substituted—
(18) The combined authority returning officer, or as the case may be, their deputy, acting in their capacity as the combined authority returning officer in relation to the election must inform the respective proper officers of the Durham, Gateshead, South Tyneside and Sunderland Combined Authority and the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority of the result of the election.
.
(1) The Mayor may appoint one person as the Mayor’s 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) Subject to paragraph (6), section 9(1), (8), (9) and (11) of the 1989 Act (assistants for political groups), apply 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) In this article “the Executive” means the Tyne and Wear Passenger Transport Executive.
(2) The Executive is to be an executive body of the Combined Authority for the purposes of Part 5 of the Local Transport Act 2008 and Part 6 of the 2009 Act.
(3) In the application of section 101 of the 1972 Act (arrangements for the discharge of functions) to the Combined Authority, the Executive is to be treated as if it were an officer of the Combined Authority.
19 Transfer of functions etc. relating to transport
Insofar as they are not otherwise conferred by the making of this Order, the following functions are transferred to the Combined Authority—
(a) the functions of an ITA which were exercisable by the Durham, Gateshead, South Tyneside and Sunderland Combined Authority or, as the case may be, the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority immediately before 7th May 2024 in relation to the Combined Area or any part thereof;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) any other function not coming within paragraph (a) ... that was exercised by the Durham, Gateshead, South Tyneside and Sunderland Combined Authority or, as the case may be, the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority through the joint transport committee immediately before 7th May 2024 in relation to the Combined Area or any part thereof.
(1) This article has effect in consequence of article 19 (transfer of functions etc. relating to transport).
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Part 1 of Schedule 2, which amends miscellaneous transport-related legislation, has effect.
(1) The functions of the constituent councils as local highway authorities specified in the following provisions of the TMA are exercisable by the Combined Authority in relation to the Combined 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 Combined Area.
(3) The functions mentioned in paragraphs (1) and (2) are exercisable by the Combined Authority concurrently with the constituent councils.
(4) Part 3 of the TMA (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, subject to the modifications in Part 2 of Schedule 2.
(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.
(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) “the 2007 Regulations” means the Traffic Management Permit Scheme (England) Regulations 2007;
(b) “local highway authority” has the meaning given by section 329(1) of the 1980 Act;
(c) “permit authority” has the same meaning as in regulation 2(1) of the 2007 Regulations;
(d) “permit scheme” is to be construed in accordance with section 32 of the TMA.
(8) The exercise of the functions referred to in paragraphs (1) and (2) requires the consent of each Constituent Council Member whose constituent council’s area contains any part of the land in relation to which the function is to be exercised.
(1) The functions of the constituent councils specified in section 39(2) and (3) of the Road Traffic Act 1988 (duties of local authorities in relation to measures designed to promote road safety and studies into vehicular accidents arising, etc) are exercisable by the Combined Authority in relation to the Combined Area.
(2) The functions are exercisable by the Combined Authority concurrently with the constituent councils.
(3) The exercise of the functions referred to in paragraph (1) requires the consent of each Constituent Council Member whose constituent council’s area contains any part of the land in relation to which the function is to be exercised.
(1) Subject to paragraphs (2) to (4), the functions of the Secretary of State set out in section 154(1) (grants to bus service operators) of the 2000 Act are exercisable by the Combined Authority in relation to the Combined Area.
(2) Section 154(1) of the 2000 Act has effect as if the words “with the approval of the Treasury” were omitted.
(3) Grants made under paragraph (1) must be—
(a) calculated in accordance with such method as may be provided by any regulations made by the Secretary of State under 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 under paragraph (1) to the extent that eligible bus services operate outside the Combined Area.
(5) The functions mentioned in paragraph (1) are exercisable concurrently with the Secretary of State in relation to the Combined Area.
(6) In this article, “eligible bus services” has the meaning given by section 154(5) of the 2000 Act.
26 Funding in respect of transport functions – levy
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) For the financial year beginning with 1st April 2025 and each subsequent financial year, the costs of the Combined Authority reasonably attributable to the exercise of its functions relating to transport are to be met by means of three separate levies issued by the Combined Authority to—
(a) the district councils in the county of Tyne and Wear;
(b) Durham County Council; and
(c) Northumberland County Council,
under section 74 of the Local Government Finance Act 1988, and in accordance with the Transport Levying Bodies Regulations 1992.
33 Functions of the constituent councils to be exercised concurrently with the Combined Authority
(1) The functions of the constituent councils described in the provisions set out in paragraph (2) are exercisable by the Combined Authority in relation to the Combined Area.
(2) The provisions referred to in paragraph (1) are—
(a) section 51A of the Further and Higher Education Act 1992 (duty to provide for named individuals: England);
(b) section 13A of the Education Act 1996 (duty to promote high standards and fulfilment of potential);
(c) sections ... 18A(1)(b), 514A and 560A of the Education Act 1996 (duties and powers related to the provision of education and training for persons over compulsory school age);
(d) section 10 of the Education and Skills Act 2008 (local authority to promote fulfilment of duty imposed by section 2);
(e) section 12 of the Education and Skills Act 2008 (duty to make arrangements to identify persons not fulfilling duty imposed by section 2);
(f) section 68 of the Education and Skills Act 2008 (support services: provision by local authorities);
(g) section 70 of the Education and Skills Act 2008 (local authorities: supplementary powers);
(h) section 71 of the Education and Skills Act 2008 (provision of support on conditional basis: learning and support agreements); and
(i) section 85 of the Education and Skills Act 2008 (co-operation as regards provision of 14–19 education and training).
(3) The functions are exercisable concurrently with the constituent councils.
(4) Any requirement in any enactment for—
(a) a constituent council to exercise any of the functions referred to in paragraph (1) may be fulfilled by the exercise of that function by the Combined Authority;
(b) the Combined Authority to exercise any of the functions referred to in paragraph (1) may be fulfilled by the exercise of that function by a constituent council.
(5) The provisions referred to in paragraph (1) apply to the Combined Authority as they apply to a constituent council.
(1) The Combined Authority has, in relation to the Combined Area, functions corresponding to the functions described in the provisions of the 1999 Act specified in paragraph (2) that the Mayor of London has in relation to Greater London.
(2) The provisions of the 1999 Act referred to in paragraph (1) are—
(a) section 334 (the spatial development strategy);
(b) section 335 (public participation);
(c) section 336 (withdrawal);
(d) section 337 (publication);
(e) section 338 (examination in public);
(f) section 339 (review of matters affecting the strategy);
(g) section 340 (reviews of the strategy);
(h) section 341 (alteration or replacement);
(i) section 342 (matters to which the Mayor is to have regard);
(j) section 346 (monitoring and data collection); and
(k) section 348 (Mayor’s functions as to planning around Greater London).
(3) The exercise by the Combined Authority of any of the functions corresponding to the functions in sections 334, 335, 336, 337 and 341 of the 1999 Act requires the consent of a Constituent Council Member appointed by a constituent council whose area contains any part of the land in relation to which the function is to be exercised.
(4) The conferral on the Mayor of the duty to produce a Spatial Development Strategy under this Order may only occur by virtue of a unanimous vote in favour by all seven of the Constituent Council members in line with paragraph 2(7)(c) of Schedule 1 to this Order.
38 Adaptation of enactments in consequence of article 37
(1) This article has effect in consequence of article 37(1).
(2) Part 8 of the 1999 Act applies in relation to the preparation and publication of a spatial development strategy by the Combined Authority as it applies in relation to the preparation and publication of a spatial development strategy by the Mayor of London, with the modifications made by Part 1 of Schedule 5.
(3) Sections 343 (regulations) and 420 (orders and regulations) of the 1999 Act apply in relation to the functions of the Secretary of State to make regulations by statutory instrument in relation to all or any of the following—
(a) the form and content of the spatial development strategy published by the Combined Authority;
(b) the documents (if any) the Secretary of State requires to accompany the spatial development strategy published by the Combined Authority;
(c) the procedure to be followed by the Combined Authority in connection with the preparation, withdrawal, publication, making, review, alteration or replacement of the spatial development strategy, or in connection with any review under section 339 as modified by Part 1 of Schedule 5; and
(d) the procedure to be followed at an examination in public examining matters affecting the consideration of the spatial development strategy,
as they apply in relation to the functions of the Secretary of State to make such regulations in relation to the spatial development strategy published by the Mayor of London.
(4) Subject to paragraph (6) and to Schedule 5, in any enactment (whenever passed or made)—
(a) any reference to a spatial development strategy; or
(b) any reference which falls to be read as a reference to a spatial development strategy,
is to be treated as including a reference to a strategy prepared and published in accordance with the functions conferred by article 37(1).
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Paragraph (4) does not apply to—
(a) section 41 of the 1999 Act (general duties of the Mayor in relation to his strategies);
(b) section 356A of the 1999 Act (London Waste and Recycling Board); and
(c) the Town and Country Planning (London Spatial Development Strategy) Regulations 2000.