PART 1 General

Citation and commencement_I1

1.—(1) This Order may be cited as the Greater Manchester Combined Authority (Functions and Amendment) Order 2016.

(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 11, 14(3) and (4), 15, 16 and 17 come into force on 8th May 2017.

Interpretation_I2

2. In this Order—

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^F2...

“the 1989 Act” means the Local Government and Housing Act 1989 ( 6 );

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“the 1996 Act” means the Education Act 1996 ( 7 );

“the 1999 Act” means the Greater London Authority Act 1999 ( 8 );

“the 2000 Act” means the Transport Act 2000 ( 9 );

“the 2004 Act” means the Planning and Compulsory Purchase Act 2004 ( 10 );

^F4...

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

“the 2011 Order” means the Greater Manchester Combined Authority Order 2011 ( 11 );

“the Area” means the area of the GMCA;

“constituent councils” means the district councils for the local government areas of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford and Wigan;

“the E&SA 2008” means the Education and Skills Act 2008 ( 12 );

“the GMCA” means the Greater Manchester Combined Authority, a body corporate established by the 2011 Order( 13 );

^F5...

“Interim Mayor” has the meaning given by article 2 of the 2011 Order; and

“the Mayor” means the mayor for the Area( 14 ) except where the reference is to the Mayor of London.

PART 2 Spatial development strategy

Spatial development strategy_I3

3.—(1) The GMCA shall have, in relation to the Area, functions corresponding to the functions in the 1999 Act that the Mayor of London has in relation to Greater London, which are specified in the following provisions of the 1999 Act—

(a)section 334 (the spatial development strategy);

(b)section 335 (public participation)(15);

(c)section 336 (withdrawal);

(d)section 337 (publication)(16);

(e)section 338 (examination in public)(17);

(f)section 339 (review of matters affecting the strategy);

(g)section 340 (reviews of the strategy);

(h)section 341 (alteration or replacement)(18);

(i)section 342 (matters to which the Mayor is to have regard);

(j)section 346 (monitoring and data collection)(19); and

(k)section 348 (mayor’s functions as to planning around Greater London).

(2) The exercise by the GMCA of the functions corresponding to the functions in sections 335 (public participation), 336 (withdrawal), 337 (publication) and 341 (alteration or replacement) of the 1999 Act requires a unanimous vote in favour by all members of the GMCA appointed by the constituent councils, or substitute members acting in place of those members, to be carried at a meeting of the GMCA.

Adaptation of enactments in consequence of article 3_I4

4.—(1) This article has effect in consequence of article 3(1).

(2) Part 8 of the 1999 Act applies in relation to the preparation and publication of a spatial development strategy by the GMCA 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 1.

(3) Sections 343 (regulations) and 420 of the 1999 Act (orders and regulations) apply in relation to the functions of the Secretary of State to make regulations by statutory instrument under section 343(1) with respect to all or any of the following —

(a)the form and content of the spatial development strategy published by the GMCA;

(b)the documents (if any) the Secretary of State requires to accompany the spatial development strategy published by the GMCA;

(c)the procedure to be followed by the GMCA 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 1; 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 1, in any enactment passed or made on or before the day on which article 3 comes into force—

(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 function conferred by article 3(1).

^F6(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)(20);

(b)section 356A of the 1999 Act (London Waste and Recycling Board)(21);

(c)section 10 of the London Olympic Games and Paralympic Games Act 2006(22); and

(d)the Town and Country Planning (London Spatial Development Strategy) Regulations 2000(23).

^F7PART 3 Housing and regeneration

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

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Acquisition and appropriation of land for planning and public purposes

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Condition on the exercise of the functions conferred by articles 5 and 6

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

^F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4 Transport

Highways functions

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Road Safety_I5

10.—(1) The functions of the constituent councils under section 39(2) and (3) of the Road Traffic Act 1988(24) (duties of local authorities to prepare and carry out a programme of measures designed to promote road safety, and carry out studies into accidents arising out of the use of vehicles on certain roads within their areas) are exercisable by the GMCA in relation to the Area.

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

Grants to bus service operators_I6

11.—(1) Subject to paragraphs (2) to (4), the GMCA shall have in relation to the Area a function corresponding to the function in section 154(1) of the 2000 Act (grants to bus service operators) which the Secretary of State has in relation to England.

(2) For the purpose of paragraph (1), section 154(1) of the 2000 Act shall have effect as if “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 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 GMCA.

(4) Grants must not be made under paragraph (1) to the extent that eligible bus services operate outside the Area.

(5) In this article, “eligible bus services” has the meaning given by section 154(5) of the 2000 Act.

PART 5 Additional functions

Education, skills and training functions_I7

12.—(1) The functions of the constituent councils contained in the following provisions are exercisable by the GMCA in relation to the Area—

(a)section 51A of the Further and Higher Education Act 1992 (duty to provide for named individuals: England)(25);

(b)section 13A of the 1996 Act (duty to promote high standards and fulfilment of potential)(26);

(c)section 15A of the 1996 Act (powers in respect of education and training for 16 to 18 year olds)(27);

(d)section 15B of the 1996 Act (functions in respect of education for persons over 19)(28);

(e)section 10 of the E&SA 2008 (local authority to promote fulfilment of duty imposed by section 2)(29);

(f)section 12 of the E&SA 2008 (duty to make arrangements to identify persons not fulfilling duty imposed by section 2)(30);

(g)section 68 of the E&SA 2008 (support services: provision by local authorities)(31);

(h)section 70 of the E&SA 2008 (local authorities: supplementary powers)(32); and

(i)section 71 of the E&SA 2008 (provision of support on conditional basis: learning and support agreements)(33).

(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 GMCA.

Culture

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PART 6 Funding

Funding

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PART 7 Functions of the GMCA exercisable only by the Mayor; political advisers

General functions of the GMCA exercisable only by the Mayor_I8

15.—(1) The following functions(34) are general functions exercisable only by the Mayor(35)—

^F11(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the functions of the GMCA corresponding to the functions specified in—

(i)sections 334 to 342 ((the spatial development strategy); (public participation); (withdrawal); (publication); (examination in public); (review of matters affecting the strategy); (reviews of the strategy); (alteration or replacement); (matters to which the Mayor is to have regard)) and 346 (monitoring and data collection) of the 1999 Act; and

(ii)section 154(1) of the 2000 Act (grants to bus service operators).

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^F13(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

to be provided at a meeting of the GMCA.

(4) The exercise by the Mayor of the functions corresponding to the functions specified in sections 335 (public participation), 336 (withdrawal), 337 (publication) and 341 (alteration or replacement) of the 1999 Act requires a unanimous vote in favour by all members of the GMCA appointed by the constituent councils, or substitute members acting in place of those members, to be carried at a meeting of the GMCA.

(5) In respect of arrangements made under section 107D(3)(b) of the 2009 Act (functions of mayors: general) in relation to the functions specified in paragraph (1)—

(a)the Greater Manchester Passenger Transport Executive(36) is to be treated as if it were an officer of the GMCA; and

(b)the mayor must not make such arrangements in relation to a political adviser appointed under article 16(1).

(6) Anything which, immediately before 8th May 2017, is in the process of being done by or in relation to the GMCA or by or in relation to a constituent council for the purposes of or in connection with the functions mentioned in paragraph (1), is to be treated as having been done by or in relation to the Mayor.

Political advisers_I9

16.—(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 GMCA.

(3) No appointment under paragraph (1) shall extend beyond—

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

(b)where the Mayor who appointed the political adviser 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(37)(assistants for political groups), shall apply in relation to an appointment under paragraph (1) as if—

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

(ii)the GMCA were a relevant authority for the purposes of that section.

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

PART 8 Amendment of the Greater Manchester Combined Authority Order 2011

Amendments of the Greater Manchester Combined Authority Order 2011_I10

17.—(1) The 2011 Order is amended as follows—

(2) In article 2 (interpretation)—

(a)omit the definition “acting Interim Mayor”;

(b)omit the definition “Interim Mayor” ;

(c)after the definition of “ITA” insert —

““Mayor” means the mayor for the area of the GMCA”.

(3) In paragraph (3) of article 3 (establishment), after “or as may be delegated to it by”, insert “or under”.

(4) Schedule 1 (constitution) is amended as follows—

(a)paragraph 1A (interim mayor) is omitted;

(b)in paragraph 2 (chair and vice-chair(s)) for sub-paragraph (1) substitute —

“(1) The GMCA may appoint one or more vice-chairs from among its members and any appointments are to be the first business transacted at the annual meeting of the GMCA.”;

(c)paragraph 2A (chair and vice chair(s) – Interim Mayor) is omitted;

(d)in paragraph 3 (proceedings)—

(i)in sub-paragraph (1), after “sub-paragraphs” insert “(2A), (2B),”;

(ii)after sub-paragraph (2) insert—

“(2A) Questions relating to functions exercised pursuant to sections 335, 336, 337, and 341 of the Greater London Authority Act 1999 as applied by the Greater Manchester Combined Authority (Functions and Amendment) Order 2016 require a unanimous vote in favour by all members, or substitute members acting in place of those members, appointed by the constituent councils to be carried.

(2B) Questions relating to expenditure in respect of amounts payable under arrangements made under article 14(4)(a) of the Greater Manchester Combined Authority (Functions and Amendment) Order 2016 require at least 7 votes in favour by members, or substitute members acting in place of those members, appointed by the constituent councils to be carried.”

(iii)in sub-paragraph (3), for “7” substitute “8”;

(iv)in sub-paragraph (4), for “10” substitute “11”;

(v)omit sub-paragraphs (6) to (9); and

(e)the final paragraph (remuneration) of Schedule 1 is renumbered as paragraph 6, and in sub-paragraph (3) of that paragraph omit “Interim”.

Article 4

SCHEDULE 1 Spatial development strategy

PART 1

Modification of the application of Part 8 of the 1999 Act _I11

1.—(1) Part 8 of the 1999 Act is modified in accordance with the following provisions.

(2) Part 8 of the 1999 Act shall have effect as if—

(a) sections 344 (amendments of the Town and Country Planning Act 1990), 345 (Town and Country Planning Act 1990: costs of appeals) and 349 (abolition of joint planning committee for Greater London) were omitted;

(b) for every reference to—

(i) “Greater London” there were a reference to “Greater Manchester”;

(ii) “the Mayor” there were a reference to “the GMCA”;

(iii) “he” there were a reference to “the GMCA”, save for section 337(6) (publication);

(iv) “under section 343” there were substituted “relating to the GMCA under section 343”.

(3) Section 334 of the 1999 Act (the spatial development strategy) shall have effect as if—

(a) in subsection (3) for “his” there were substituted “its”;

(b) for subsection (4) there were substituted—

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

(4) Section 335 of the 1999 Act (public participation) shall have effect as if—

(a) in subsection (2)(a) for “his” there were substituted “its”;

(b) subsection (3)(aa) were omitted;

(c) in subsection (3)(b), for “London borough council” there were substituted “constituent council”;

(d) in subsection (4), for the words after “include” to the end of the subsection there were substituted—

“—

(a)voluntary bodies some or all of whose activities benefit the whole or part of Greater Manchester;

(b)bodies which represent the interests of different racial, ethnic or national groups in Greater Manchester;

(c)bodies which represent the interests of different religious groups in Greater Manchester; and

(d)bodies which represent the interests of different persons carrying on business in Greater Manchester.”;

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

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

(5) Section 336 of the 1999 Act (withdrawal) shall have effect as if in subsection (3)—

(a) paragraph (a) were omitted; and

(b) paragraph (b) were omitted.

(6) Section 338 of the 1999 Act (examination in public) shall have effect as if for “Authority” there were substituted “the Mayor of Greater Manchester”.

(7) Section 339 (review of matters affecting the strategy) of the 1999 Act shall have effect as if in subsection (2) for “his” there were substituted “its”.

(8) Section 342 of the 1999 Act (matters to which the Mayor is to have regard) shall have effect as if—

(a) for subsection (1) there were substituted—

“(1) In exercising its functions under the preceding provisions of this Part, the GMCA shall have regard to—

(a)the National Planning Policy Framework;

(b)any strategy relating to the health, well being, environment or economy of Greater Manchester published by the Association of Greater Manchester Authorities;

(c)the effect that the proposed spatial development strategy or revision would have on—

(i)the health of persons in Greater Manchester;

(ii)health inequalities between persons living in Greater Manchester;

(iii)the achievement of sustainable development in the United Kingdom;

(iv)climate change and the consequences of climate change;

(v)the need to ensure that the strategy is consistent with national policies and the EU obligations of the United Kingdom; and

(d)such other matters as the Secretary of State may prescribe.”.

(b) subsection (2) were omitted.

(9) Section 347 of the 1999 Act (functional bodies to have regard to the strategy), shall have effect as if there were substituted—

Constituent councils to have regard to the strategy

347. In exercising any function, each of the constituent councils and the GMCA shall have regard to the spatial development strategy, but this is without prejudice to section 24 of the Planning and Compulsory Purchase Act 2004 as modified by Part 2 of Schedule 1 to the Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (which requires certain documents of a constituent council to be in general conformity with the strategy).”.

(10) Section 348 of the 1999 Act (Mayor’s functions as to planning around Greater London) shall have effect as if—

(a) in subsections (1), (2) and (3) for “his” there were substituted “its”;

(b) in subsection (3), for “London borough councils” there were substituted “constituent councils”; and

(c) in subsection (4), for “Authority” there were substituted “GMCA”.

(11) Section 350 of the 1999 Act (interpretation of Part VIII) shall have effect as if —

(a) the following definitions were inserted, in the appropriate places—

“the Association of Greater Manchester Authorities” means the joint committee of the constituent councils established under section 101(5)(a) of the Local Government Act 1972 ;

“constituent councils” means the metropolitan district councils for the local government areas of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford, and Wigan;

“the GMCA” means the Greater Manchester Combined Authority;

“Greater Manchester” means the area of the GMCA;

“Mayor of Greater Manchester” is the person elected to the position established by article 3 of the Greater Manchester Combined Authority (Election of Mayor with Police and Crime Commissioner Functions) Order 2016 ( 38 ); and

(b) subsection (2) were omitted.

^F14PART 2 Modification of the application of the 2004 Act

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Article 8

^F15SCHEDULE 2 Modification of the application of Chapters 1 and 2 of Part 1 of the 2008 Act

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