Statutory Instruments
2018 No. 879
Local Government, England
The West of England Combined Authority (Business Rate Supplements Functions) Order 2018
Made
18th July 2018
Coming into force in accordance with article 1
The Secretary of State makes the following Order in exercise of the powers conferred by sections 105A(1)(b), 107D(1), (5) and (7)(a) to (e), 114(1) and 117(5) of the Local Democracy, Economic Development and Construction Act 2009( 1 ) (“the 2009 Act”).
In accordance with sections 105B(1) and 107D(9) of the 2009 Act, the district councils whose areas are comprised in the area of the West of England Combined Authority, the West of England Combined Authority and the Mayor of the West of England Combined Authority have consented to the making of this Order.
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.
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.
PART 1 General
Citation and commencement
1. This Order may be cited as the West of England Combined Authority (Business Rate Supplements Functions) Order 2018 and comes into force on the day after the day on which it is made.
Interpretation
2. In this Order—
“the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;
“the BRS Act” means the Business Rate Supplements Act 2009( 2 );
“the WECA” means the West of England Combined Authority( 3 ).
PART 2 Business Rate Supplements Functions
Conferral of BRS power of Greater London Authority
3. —(1) The WECA has, in relation to its 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.
General functions of the Combined Authority exercisable only by the Mayor
4. —(1) The functions of the WECA specified in article 3 are exercisable only by the Mayor( 4 ).
(2) The members or officers of the WECA may assist the Mayor in the exercise of the functions specified in article 3.
(3) For the purposes of the exercise of the functions specified in article 3 the Mayor may do anything that the WECA may do under section 113A of the 2009 Act (general power of EPB or combined authority)( 5 ).
(4) 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 (1), in relation to a political adviser appointed under article 23(1) of the West of England Combined Authority Order 2017( 6 ).
Adaptation of BRS Act in consequence of article 3
5. For the purposes of article 3, the BRS Act applies to the WECA 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 include references to the WECA;
(b) references in that Act to a lower-tier authority are, in relation to the WECA, references to a district council whose area forms part of the WECA’s area.
Amendment of the West of England Combined Authority Order 2017
6. —(1)The West of England Combined Authority Order 2017 is amended as follows.
(2) In paragraph (4) of article 6 after “and 23” insert “and the functions conferred on the Combined Authority by article 3 of the West of England Combined Authority (Business Rate Supplements Functions) Order 2018”.
Signed by authority of the Secretary of State for Housing, Communities and Local Government
Jake Berry
Parliamentary Under Secretary of State
Ministry of Housing, Communities and Local Government
18th July 2018
2009 c.20 . Section 105 was amended by the Cities and Local Government Devolution Act 2016 (c. 1) (“the 2016 Act”), sections 6, 9 and 14. Sections 105A and 107D were inserted by sections 4 and 7 of the 2016 Act. Section 114 was amended by Schedule 5 to the 2016 Act. Section 117 was amended by section 13(2) of the Localism Act 2011 (c. 20) and Schedule 5 to the 2016 Act.
2009 c. 7 , as amended by Part 4 of the Localism Act 2011 (c. 20) .
The West of England Combined Authority was established by the West of England Combined Authority Order 2017, S.I. 2017/126 .
S.I. 2017/126 , article 5, provided for there to be a mayor of the combined authority. The first mayor was elected on 4th May 2017.
Section 113A was inserted by section 13 of the Localism Act 2011 and amended by section 23 of, and paragraph 25 of Schedule 5 to, the Cities and Local Government Devolution Act 2016.