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Statutory Instruments

2017 No. 612

Local Government, England

The Greater Manchester Combined Authority (Functions and Amendment) Order 2017cross-notes

Made

26th April 2017

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by sections 104(1)(a), 105(1) and (3), 105A(1)(a) and (b), (2)(a) and (b), (3)(a) and (b), (4)(a) and (b), 107D(1) and (7)(c), 114(1) and (3), 115(1) and (2)(a) and 117(5) of the Local Democracy, Economic Development and Construction Act 2009(1) (“the 2009 Act”).

The Secretary of State, having had regard to a scheme prepared and published under section 112 of the 2009 Act(2), considers that—

(a)the making of this Order is likely to improve the exercise of statutory functions in the area to which this Order relates, and

(b)any consultation required by section 113(2) of the 2009 Act(3) has been carried out.

In making this Order, the Secretary of State has had regard to the need to reflect the identities and interests of local communities, and to secure effective and convenient local government(4).

In accordance with sections 104(10), 105(3A) and 105B(1)(b) and (2) of the 2009 Act(5)—

(a)the councils whose local government areas are comprised in the area of the Greater Manchester Combined Authority and the Greater Manchester Combined Authority have consented to the making of this Order(6), and

(b)the Secretary of State considers that the making of this Order is likely to improve the exercise of statutory functions in the area to which this Order relates.

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.

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.

PART 1 General

Citation and commencementI1

1.—(1) This Order may be cited as the Greater Manchester Combined Authority (Functions and Amendment) Order 2017.

(2) Save as provided in paragraphs (3) and (4) this Order comes into force on the day after the day on which it is made.

(3) Parts 2 and 3 and articles 14, 15, and 16(2) and (4) come into force on 8th May 2017.

(4) Part 4 comes into force on 1st April 2018.

InterpretationI2

2. In this Order—

“the 1989 Act” means the Local Government and Housing Act 1989 ( 7 );

F1...

F2...

F3...

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

F4...

“the 2011 Order” means the Greater Manchester Combined Authority Order 2011 ( 8 );

“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;

F5...

“GMCA” means the Greater Manchester Combined Authority, a body corporate established by the 2011 Order( 9 );

“GMWDA” means the Greater Manchester Waste Disposal Authority established by the Waste Regulation and Disposal (Authorities) Order 1985 ( 10 ); and

“the Mayor” means the mayor for the Area( 11 ), except in the term “the Mayor of London”.

F6PART 2 Mayoral development corporation

Conferral of functions on the GMCA

F63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of provisions in the 2011 Act

F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Incidental provisions

F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7PART 3 Grants

Power to pay grant

F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4 Waste Disposal

Abolition and transfer of functionsI3

9.—(1) The functions of the GMWDA are functions of the GMCA that are exercisable in relation to the local government areas of the constituent councils other than the district council for the local government area of Wigan.

(2) The GMWDA is abolished and all property, rights and liabilities (including rights and liabilities in relation to contracts of employment) which immediately before 1st April 2018 were property, rights and liabilities of the GMWDA are to transfer to, and by virtue of this paragraph vest in, the GMCA on 1st April 2018.

(3) In this Part, “GMWDA area” means the local government areas of the constituent councils for the local government areas of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside and Trafford.

Adaptation of enactmentsI4

10.—(1) This article has effect in consequence of article 9.

(2) Subject to paragraph (3) and to the following provisions of this article—

(a)any reference to the GMWDA,

(b)any reference to a waste disposal authority, or

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

in any enactment (whenever passed or made) is to be treated, in its application to the GMWDA area, as if it were to the GMCA in respect of the functions conferred on the GMCA by article 9(1).

(3) Paragraph (2) does not apply to the following enactments—

(a)section 2 of the Local Government (Records) Act 1962 (acquisition and deposit of records)(12);

(b)Part 8 of the Local Government Finance Act 1988 (interpretation)(13);

(c)section 74 (transfer of land and other property to housing) of and paragraph 12 of Schedule 1 (tenancies which cannot be assured tenancies) to the Housing Act 1988(14);

(d)Part 1 and sections 150 (power to allow charges), 151 (power to amend provisions about charges) and 152 (interpretation, consultation and commencement of ss. 150 and 151) of the 1989 Act;

(e)section 1 of the Local Government (Overseas Assistance) Act 1993 (power to provide advice and assistance)(15);

(f) Part 2 of the Deregulation and Contracting Out Act 1994 (“Local authority”: England)( 16 );

(g)section 3 of the Housing Grants, Construction and Regeneration Act 1996 (ineligible applicants)(17);

(h)section 1 of the Local Government Act 1999 (best value authorities)(18);

(i)paragraph 15 of Schedule 1 to the Freedom of Information Act 2000 (public authorities)(19);

(j)Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007 (application of Chapter: partner authorities);

(k)sections 34 (mutual insurance) and 35 of the 2009 Act (mutual insurance: supplementary)(20);

(l)section 210 (reports on improving efficiency and sustainability of buildings owned by local authorities) and paragraph 11 of Schedule 20 to the Housing and Planning Act 2016 (authorities specified for purposes of section 210 (reports on improving efficiency and sustainability of buildings owned by local authorities))(21);

(m)paragraph 4 of Schedule 1 to the Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999(22);

(n)the Schedule to the Local Authorities (Exemption from Political Restrictions) (Designation) Regulations 2012(23);

(o)paragraph 1 of the Schedule to the Whole of Government Accounts (Designation of Bodies) Order 2015(24); and

(p)article 2 of the Audit Commission for Local Authorities and the National Health Service in England (Specified Organisations) (England) Order 2009(25).

ContinuityI5

11.—(1) Nothing in articles 9 or 10 affects the validity of anything done by or in relation to the GMWDA before the commencement date of this Part as specified in article 1(4).

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

(a)relates to any of the functions conferred by article 9(1);

(b)relates to the property, rights or liabilities transferred to the GMCA; and

(c)is in the process of being done by or in relation to the GMWDA immediately before the commencement date.

(3) Anything which—

(a)was made or done by or in relation to the GMWDA for the purposes of or otherwise in connection with any of the functions conferred by article 9(1) or the property, rights or liabilities transferred by that article; and

(b)is in effect immediately before article 9(1) comes into force,

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

(4) The GMCA is to be substituted for the GMWDA, in any instruments, contracts or legal proceedings which—

(a)relate to any of the functions conferred by article 9(1) or to the property, rights or liabilities transferred by that article; and

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

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

(6) Without prejudice to the generality of this article a levy issued by the GMWDA under section 74 of the Local Government Finance Act 1988 (levies)(26) and in accordance with the Joint Waste Disposal Authorities (Levies) (England) Regulations 2006(27) to the councils within the GMWDA area in respect of the financial year beginning 1st April 2018 is to have effect for that year as if it had been so issued by the GMCA.

(7) The property, rights and liabilities of the GMWDA are to be transferred by this Order, 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.

(8) 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 Order (whether or not any consent required to the transfer has been obtained).

(9) 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 Order.

(10) Paragraphs (7) to (9) above 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 Order of land or other property.

(11) In this article, “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.

PART 5 Funding

FundingI6

12.—(1) Subject to paragraph (5), the constituent councils must ensure that [F8the costs of the GMCA reasonably attributable to the exercise of its functions are met,F8] to the extent that the GMCA has not decided to meet these costs from other resources available to the GMCA.

(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 [F9any mayoral functionF9] to the extent that the Mayor has not decided to meet these costs from other resources available to the GMCA.

(3) Subject to paragraphs (5) and (6), any amount payable by each of the constituent councils to ensure that the costs of the GMCA 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 to the total resident population of the GMCA which resides in the area of each constituent council at the relevant date as estimated by the Statistics Board(28).

(4) In relation to the expenditure mentioned in paragraph (2)—

(a)to the extent to which such expenditure is met by amounts payable under arrangements made under paragraph (3)—

(i)the Mayor must agree with the GMCA the total expenditure mentioned in paragraph (2) in advance of incurring this expenditure; and

(ii)in the absence of the agreement specified in paragraph (i), no such expenditure may be incurred;

(b)any precept issued in relation to such expenditure under section 40 of the Local Government Finance Act 1992(29) is to be disregarded from any calculation of the costs of the expenditure.

(5) The district council for the local government area of Wigan does not have to meet any costs of the GMCA in relation to functions conferred under Part 4 (waste disposal).

(6) The resident population for the district council for the local government area of Wigan is to be excluded from any calculation of the total resident population made under paragraph (3) in relation to functions conferred under Part 4 (waste disposal).

(7) For the purposes of paragraph (3) the relevant date in relation to a payment for a financial year is 30th June in the financial year which commenced two years prior to the financial year in which such payment is made.

PART 6 Data sharing; delegation of functions; mayoral functions

Data sharingI7

F1013.—(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The GMCA is a local enforcing authority for the purposes of section 113 of the Environment Act 1995 (disclosure of information)(30) in consequence of the functions conferred by paragraphs 3 to 5 of Schedule 3 to the 2011 Order.

(5) The GMCA is to be treated as a local authority in consequence of the functions conferred by paragraph 6 of Schedule 3 to the 2011 Order and article 12(1)(a) to (d) of the Greater Manchester Combined Authority (Functions and Amendment) Order 2016(31) for the purposes of section 122 of the Apprenticeships, Skills, Children and Learning Act 2009 (sharing of information for education and training purposes)(32).

(6) The GMCA is to be treated as a local authority in consequence of the functions conferred by article 12(1)(e) to (i) of the Greater Manchester Combined Authority (Functions and Amendment) Order 2016 for the purposes of—

(a)section 14 of the 2008 Act (educational institutions: duty to provide information)(33);

(b)section 16 of the 2008 Act (supply of information by public bodies)(34);

(c)section 17 of the 2008 Act (sharing and use of information held for purposes of support services or functions under this Part)(35); and

(d)section 77 of the 2008 Act (supply of information by public bodies)(36).

(7) In this article, “the 2008 Act” means the Education and Skills Act 2008 ( 37 ).

Arrangements for delegation of general functions of the MayorI8

14. In arrangements made under section 107D(3)(b) and (7)(b) of the 2009 Act (functions of mayors: general) the Greater Manchester Passenger Transport Executive(38) is to be treated as if it were an officer of the GMCA.

Functions exercisable only by the mayorI9

F1115.—(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purposes of the exercise of [F12any mayoral functionF12] —

F13(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the Mayor has the power to do in relation to [F14any mayoral functionF14] anything that the GMCA may do under section 113A of the 2009 Act (general power of EPB or combined authority) for the purposes of its functions(39).

F15(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Mayor may not make arrangements in accordance with section 107D(3) of the 2009 Act(40) in relation to the level or amount of earn back to be used or allocated to any exercise of a general function.

F16(5) 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 ... in relation to earn back, is to be treated as having been done by or in relation to the Mayor.

(6) In paragraphs (4) and (5) “earn back” means the arrangements specified in paragraph 17 of the Greater Manchester Agreement of 3rd November 2014( 41 ).

PART 7 Amendment of the Greater Manchester Combined Authority Order 2011; consequential provision

Amendment of the Greater Manchester Combined Authority Order 2011I10,I11

16.—(1) Schedule 1 (constitution) to the 2011 Order is amended as set out in the following paragraphs.

(2) In paragraph 3 (proceedings)—

(a)in sub-paragraph (1)—

(i)after “(2B)” insert “(2C), (2D), (2E) and (2F)”;

(ii)for “and (4)” substitute “, (4) and (4A)”.

(b)after sub-paragraph (2B) insert—

“(2C) Subject to sub-paragraph (2D), questions relating to the adoption, amendment, modification, revision, variation, withdrawal or revocation or replacement of a local transport plan under the following provisions of the Transport Act 2000(42) require a vote in favour by at least 8 members, or substitute members acting in place of those members, present and voting on that question at a meeting of the GMCA—

(a)section 108(1)(a) (local transport plans);

(b)section 108(3) (local transport plans); and

(c)section 109(1) and (2) (further provision about plans: England).

(2D) The following plans may be amended by a vote in favour by at least 7 members, or substitute members acting in place of those members, appointed by the constituent councils present and voting on that question at a meeting of the GMCA—

(a)a draft policy or a draft local transport plan prepared by the Mayor under sections 108(1)(a) or (3) (local transport plans) of the 2000 Act; or

(b)a draft alteration or replacement of the local transport plan prepared under sections 109(1) and (2) (further provision about plans: England) of the 2000 Act.

(2E) In relation to functions conferred under Part 4 (waste disposal) of the Greater Manchester Combined Authority (Functions and Amendment) Order 2017—

(a)the member for the GMCA appointed by the district council for the local government area of Wigan, or any substitute member acting in place of that member, does not have a vote; and

(b)subject to sub-paragraph (a), decisions relating to levying and budgets require a vote in favour by at least 7 members, or substitute members acting in place of those members, present and voting on that question at a meeting of the GMCA.

(2F) In relation to functions conferred under article 3(1) of the Greater Manchester Combined Authority (Functions and Amendment) Order 2017, the Mayor or the deputy Mayor acting in place of the Mayor(43) cannot—

(a)participate in any consideration under section 197(3)(f) (designation of Mayoral development areas) of the Localism Act 2011; or

(b)be included as a consultee for the purposes of section 197(4)(a) of that Act.”;

(c)sub-paragraph (3)(a)(ii) is omitted; and

(d)after sub-paragraph (4), insert—

“(4A) Questions relating to the use of earn back budget as described in paragraph 17 of the Greater Manchester Agreement of 3rd November 2014(44) cannot be carried without the vote of the Mayor or the deputy Mayor acting in place of the Mayor.”.

(3) After paragraph 3 (proceedings) insert—

Committees– general

3A.—(1) Save as provided in paragraph (2), the GMCA must, when appointing members of a committee or a sub-committee of the GMCA, appoint such number of members of each of the constituent councils, so that the members of the committee drawn from the constituent councils taken as a whole reflect so far as reasonably practicable the balance of political parties for the time being prevailing among the constituent councils when taken together.

(2) If the GMCA appoint a committee to exercise any of the functions conferred by article 9(1) of the Greater Manchester Combined Authority (Functions and Amendment) Order 2017, the GMCA must appoint such number of members of the councils for the local government areas of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside and Trafford, so that the members of the committee taken as a whole reflect so far as reasonably practicable the balance of political parties for the time being prevailing among these councils when taken together.

Independent remuneration panel

3B.—(1) The GMCA may establish an independent remuneration panel who may make recommendations to the GMCA and to the constituent councils regarding the allowances payable to—

(a)members appointed to the GMCA; and

(b)the Mayor.

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

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

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

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

Remuneration

3C.—(1) Save as provided for in sub-paragraphs (2) and (3)(a), no remuneration is to be payable by the GMCA to its members other than allowances for travel and subsistence.

(2) The GMCA may only pay an allowance to the Mayor if the GMCA has considered recommendations made by the independent remuneration panel established under paragraph (3B) which contains recommendations for the payment of such an allowance.

(3) Where the independent remuneration panel recommends the payment of an allowance—

(a)the GMCA must pay an allowance not exceeding the allowance recommended by the independent remuneration panel to the Mayor; and

(b)the constituent council may, in accordance with its own scheme of allowances, pay an allowance not exceeding the allowance recommended by the independent remuneration panel to an elected member of that council.”.

(4) After paragraph (5) (standing orders) insert—

Overview and scrutiny committees

5A. The GMCA must ensure the appointment of an appropriate person (as defined by paragraph 3(5) of Schedule 5A to the 2009 Act(45)) to be the chairman of any overview and scrutiny committee appointed by the GMCA or any sub-committee of such an overview and scrutiny committee.”.

(5) Omit paragraph 6 (remuneration).

Consequential provisionI12

17.—(1) Regulation 64 of the Local Government Pension Scheme Regulations 2013 (special circumstances where revised actuarial valuations and certificates must be obtained)(46) has effect in relation to the GMCA as though after paragraph (8) there were inserted—

“(8A) Paragraph (8B) applies where the exiting employer is the Greater Manchester Waste Disposal Authority and the liabilities of the fund in respect of benefits due to the Greater Manchester Waste Disposal Authority’s current and former employees (or those of any predecessor authority) have been or are to be transferred to the Greater Manchester Combined Authority by virtue of this Order.

(8B) Where this paragraph applies, no exit payment is due under paragraph (1) and paragraph (2) does not apply.”.

(2) For the purposes of section 104(1)(a) of the 2009 Act (constitution) section 84(2)(a) of the Local Transport Act 2008 (constitutional arrangements)(47) applies in relation to a committee or sub-committee of the GMCA as it applies to members of the GMCA.

Signed by authority of the Secretary of State for Communities and Local Government

Bourne of Aberystwyth

Parliamentary Under Secretary of State

Department for Communities and Local Government

26th April 2017

Article 4(1) and (2)

F17SCHEDULE Modification of the application of Part 8 of the 2011 Act

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1)

2009 c. 20. Section 104 was amended by sections 8 and 14 of, and Schedule 5 to, the Cities and Local Government Devolution Act 2016 (c. 1) (“the 2016 Act”). Section 105 was amended by sections 6, 9 and 14 of the 2016 Act. Section 105A was inserted by section 7 of the 2016 Act. Section 107D was inserted by section 4 of the 2016 Act. Section 114 was amended by section 23 of, and paragraphs 17 and 26 of Schedule 5 to, the 2016 Act. Section 115 was amended by section 23 of, and paragraphs 17 and 27 of Schedule 5 to, the 2016 Act. Section 117(2), (2A) and (3) was substituted by section 13 of the Localism Act 2011 (c. 20). Section 117 was amended by sections 13 and 23 of, and paragraphs 17 and 29 of Schedule 5 to, the 2016 Act.

(2)

Section 112 was amended by sections 6 and 23 of, and paragraphs 17 and 23 of Schedule 5 to, the 2016 Act.

(3)

Section 113 was amended by sections 12, 14 and 23 of, and paragraph 24 of Schedule 5 to the 2016 Act.

(4)

Section 113(3) of the 2009 Act requires the Secretary of State when making an order under sections 104, 105, 106 or 107 of that Act in relation to an existing combined authority to have regard to the need to reflect the identities and interests of local communities, and to secure effective and convenient local government.

(5)

Section 105B was inserted by section 7 of the 2016 Act.

(6)

This Order relates to the area of the Greater Manchester Combined Authority, which was established by the Greater Manchester Combined Authority Order 2011 (S.I. 2011/908) as amended by the Greater Manchester Combined Authority (Amendment) Order 2015 (S.I. 2015/960) and by the Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267). Article 2 of S.I. 2011/908 defines the “combined area” as the area consisting of the areas of the constituent councils, who are the local government areas of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford and Wigan.

(9)

Article 3(2) of the 2011 Order provides that “the combined authority is to be a body corporate and to be known as the Greater Manchester Combined Authority (“the GMCA”)”.

(10)

S.I. 1985/1884.

(11)

Article 3 of S.I. 2016/448 provides for there to be a mayor for the area of the GMCA.

(12)

1962 c. 56. Section 2 was amended by paragraph 22 of Schedule 8 to the Local Government Act 1985 (c. 51). There are other amendments but none are relevant.

(14)

1988 c. 50. Section 74 was amended by section 119 of, and paragraph 79 of Schedule 6 to, the 2009 Act. There are other amendments but none are relevant.

(15)

1993 c. 25. Section 1 was amended by section 119 of, and paragraph 83 of Schedule 6 to, the 2009 Act. There are other amendments but none are relevant.

(17)

1996 c. 53. Section 3 was amended by section 119 of, and paragraph 88 of Schedule 6 to, the 2009 Act. There are other amendments but none are relevant.

(18)

1999 c. 24. Section 1 was amended by section 119 of, and paragraph 91 of Schedule 6 to, the 2009 Act; and by section 23 of, and paragraph 15 of Schedule 5 to, the 2016 Act. There are other amendments but none are relevant.

(19)

2000 c. 36. Schedule 1 was amended by section 119 of, and paragraph 94 of Schedule 6 to, the 2009 Act. There are other amendments but none are relevant.

(20)

Section 35 was amended by section 99 of, and paragraph 376 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011; section 237 of, and paragraph 1 of Part 32 of Schedule 25 to, the 2011 Act; and by section 59 of, and paragraph 6 of Schedule 13 to, the Deregulation Act 2015.

(22)

S.I. 1999/2277.

(26)

Section 74 was amended by section 117 of, and paragraph 72 of Schedule 13 to, the Local Government Finance Act 1992 (c. 14); section 20 of, and paragraph 21 of Schedule 6 to, the Local Government (Wales) Act 1994 (c. 19); section 120 of, and paragraph 1 of Schedule 24 to, the Environment Act 1995; section 105 of the 1999 Act; section 109 of, and paragraph 305(a) of Schedule 8 to, the Courts Act 2003 (c. 39); section 53 of, and paragraph 68 of Schedule 1 to, the Fire and Rescue Services Act 2004 (c. 21); section 22 of, and paragraph 16 of Part 2 of Schedule 1 to, the Local Government and Involvement in Public Health Act 2007; sections 119 and 146 of, and paragraphs 74 and 75 of Schedule 6 and Part 4 of Schedule 7 to, the 2009 Act; section 99 of, and paragraphs 181 and 182 of Schedule 16 to the Police Reform and Social Responsibility Act 2011; section 79 of, and paragraphs 1 and 2 of Schedule 7 to, the 2011 Act; section 9(1)(a), (b) and (2) of, and paragraphs 9 and 10 of Schedule 5 to, the 2016 Act; and by S.I. 1994/2825.

(28)

Section 25 of the Statistics and Registration Service Act 2007 (c. 18) provides that the Statistics Board is responsible for the functions in section 19 of the Registration Service Act 1953 (c. 37).

(29)

Section 40 was amended by section 83 of the 1999 Act, section 79 of, and paragraphs 1, 7 and 17 of Schedule 7 to, the 2011 Act and section 5 of the 2016 Act.

(30)

1995 c. 25. Section 113 was amended by section 6 of, and paragraphs 14 and 18 of Schedule 2 to, and by paragraph 1 of Schedule 3 to, the Pollution Prevention and Control Act 1999 (c. 24) and by S.I. 2000/1973.

(32)

Section 122 was amended by section 67 of, and paragraphs 46 and 48 of Schedule 16 to, the Education Act 2011; section 64 of, and paragraphs 1 and 28 of Part 1 of Schedule 14 to, the Deregulation Act 2015; paragraphs 1 and 7 of Schedule 4 to the Deregulation Act 2016 (c. 12); and by S.I. 2010/1158.

(33)

Section 14 was amended by S.I. 2010/1158.

(34)

Section 16 was amended by section 55 of, and paragraphs 168 and 169 of Schedule 15 to, the Health and Social Care Act 2012 and by S.I. 2010/1080 and S.I. 2010/1158.

(35)

Section 17 was amended by section 254 of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22); section 82 of, and paragraphs 82 and 84 of Part 2 of Schedule 3 to, the Children and Families Act 2014 (c. 6) and by S.I. 2010/1158.

(36)

Section 77 was amended by section 67 of, and paragraphs 40 and 43 of Schedule 16 to, the Education Act 2011 (c. 21); section 55 of, and paragraphs 168 and 170 of Schedule 15 to, the Health and Social Care Act 2012; section 64 of, and paragraphs 60 and 63 of Part 2 of Schedule 14 to, the Deregulation Act 2015 (c. 20); and by S.I. 2010/1080 and S.I. 2010/1158.

(38)

The Greater Manchester Passenger Transport Executive was established by the South East Lancashire and North East Cheshire Passenger Transport Area (Designation) Order 1969 (S.I. 1969/95).

(39)

Section 113A was inserted by section 13 of the 2011 Act and amended by section 23 of, and paragraph 25 of Schedule 5 to, the 2016 Act.

(40)

Section 107D(3) of the 2009 Act provides for the mayor for the area of a combined authority to make arrangements for the exercise of any general function of the mayor.

(41)

The Greater Manchester Agreement of 3rd November 2014 is available at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/369858/Greater_Manchester_Agreement_i.pdf. A written copy of the Greater Manchester Agreement of 3rd November 2014 is available on request from the Department for Communities and Local Government, Fry Building, 2 Marsham Street, London SW1P 4DF.

(42)

2000 c. 38. Sections 108 and 109 were amended by sections 7(1) and (2), 8 and 9 of, and paragraphs 41 and 42 of Part 3 of Schedule 4 and Part 1 of Schedule 7 to the Local Transport Act 2008 (c. 26), and by paragraphs 95 to 97 of the 2009 Act.

(43)

Section 107C of the 2009 Act provides that the deputy mayor must act in place of the mayor if for any reason the mayor is unable to act or if the office of mayor is vacant.

(44)

The budget relates to the quantum of the earn back deal of £900 million over 30 years, which is subject to an assessment every 5 years. The Greater Manchester Agreement of 3rd November 2014 is available at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/369858/Greater_Manchester_Agreement_i.pdf.

(45)

Schedule 5A was inserted by section 8 of, and Schedule 3 to, the 2016 Act.

(46)

S.I. 2013/2356. Regulation 64 was amended by S.I. 2014/1146 and by S.I. 2015/755.

Status: There are currently no known outstanding effects for The Greater Manchester Combined Authority (Functions and Amendment) Order 2017.
The Greater Manchester Combined Authority (Functions and Amendment) Order 2017 (2017/612)
Version from: 4 June 2026

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