Statutory Instruments
2020 No. 806
Local Government, England
Transport, England
Education, England
The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020cross-notes
Made
27th July 2020
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), (2) and (3), 107D(1), (7) and (8), 107E(1) to (4), 113D, 114(1) and (3), 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 the 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 the need to secure effective and convenient local government(4).
In accordance with sections 105(3A) and 105B(1) and (2) of the 2009 Act, the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (“the Combined Authority”) and the councils whose areas are comprised in the area of the Combined Authority have consented to the making of this Order(5).
In accordance with section 107D(9) of the 2009 Act the Mayor for the area of the Combined Authority, the Combined Authority, and the councils whose areas are comprised in the area of the Combined Authority have consented to the making of this Order.
In accordance with section 105B(9) of the 2009 Act the Secretary of State has laid before Parliament a report explaining the effect of this Order and why the Secretary of State considers it appropriate to make this Order.
A draft of this instrument has been laid before, and approved, by a resolution of each House of Parliament under section 117(2) of the 2009 Act.
PART 1 General
Citation and commencementI1
1. This Order may be cited as the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 and comes into force on the day after the day on which it is made.
InterpretationI2
2. In this Order—
“the 1989 Act” means the Local Government and Housing Act 1989 ( 6 );
F1...
F2...
F3...
F4...
F5...
“the 2014 Order” means the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014 ( 7 );
F6...
“Area” means the area consisting of the areas of the constituent councils;
“the Combined Authority” means the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority;
F7...
“constituent councils” means the councils for the local government areas of Barnsley, Doncaster, Rotherham and Sheffield; and
“Mayor” means the mayor for the Area, except in the term “Mayor of London”.
F8PART 2 Transport
Transfer of functions etc. relating to transport
F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Power to pay grant
F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 3 Education, skills and training functions
Transfer of local authority functionsI3
5.—(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 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(8);
(b)section 13A of the Education Act 1996 (duty to promote high standards and fulfilment of potential)(9);
(c)section 15A of the Education Act 1996 (powers in respect of education and training for 16 to 18 year olds)(10);
(d)section 15B of the Education Act 1996 (functions in respect of education for persons over 19)(11);
(e)section 10 of the Education and Skills Act 2008 (local authority to promote fulfilment of duty imposed by section 2)(12);
(f)section 12 of the Education and Skills Act 2008 (duty to make arrangements to identify persons not fulfilling duty imposed by section 2)(13);
(g)section 68 of the Education and Skills Act 2008 (support services: provision by local authorities)(14);
(h)section 70 of the Education and Skills Act 2008 (local authorities: supplementary powers)(15); and
(i)section 85 of the Education and Skills Act 2008 (co-operation as regards provision of 14–19 education and training)(16).
(3) The functions are exercisable concurrently with the constituent councils.
(4) Any requirement in any enactment for 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.
(5) The provisions referred to in paragraph (1) apply to the Combined Authority as they apply to a constituent council.
(6) Section 10 of the Children Act 2004(17) (co-operation to ensure well-being) applies to the Combined Authority as it applies to a constituent council for the purposes of the provision of 14-19 education or training in the Area within the meaning of section 85(5) of the Education and Skills Act 2008.
Transfer of functions from the Secretary of State to the Combined Authority in relation to the Area
F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Functions of the Secretary of State to be exercisable concurrently with the Combined Authority in relation to the Area
F107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Conditions on the exercise of functions mentioned in articles 6 and 7
F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Modification of provisions in the Apprenticeships, Skills, Children and Learning Act 2009
F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13PART 4 Housing and regeneration
Housing and regeneration
F1310. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14PART 5 Mayoral development corporation
Mayoral development corporation
F1411. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Application of provisions in the 2011 Act
F1412. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mayoral development corporation: incidental provisions
F1413. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 6 Mayoral functions and funding
Functions exercisable only by the Mayor
F1514. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Political advisersI4
15.—(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(18)), 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 “and that the appointment terminates” to the end of that subsection were omitted.
FundingI5
16.—(1) Subject to [F16paragraph (2)F16] , the constituent councils must ensure that the costs of the Combined Authority reasonably attributable to the exercise of its functions are met.
(2) Subject to paragraph (4), the constituent councils must meet the costs of the expenditure reasonably incurred by the Mayor in, or in connection with, the exercise of [F17any mayoral functionF17] , to the extent that the Mayor has not decided to meet these costs from other resources available to the Combined Authority.
(3) Any amount payable by each of the constituent councils to ensure that the costs of the Combined Authority referred to in paragraphs (1) and (2) are met is to be determined by apportioning such costs between the constituent councils in such proportions as they may agree or, in default of such agreement, in accordance with the proportion to the total resident population of the Combined Authority which resides in the area of each constituent council at the relevant date as estimated by the Statistics Board(19).
(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 Combined Authority 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; and
(b)any precept issued in relation to such expenditure under section 40 of the Local Government Finance Act 1992 is to be disregarded from any calculation of the costs of the expenditure.
F18(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) 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.
F19PART 7 Additional functions
General power of competence
F1917. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 8 Amendment of the 2014 Order
Amendment of the 2014 OrderI6,I7
18. Article 5 (funding) of the 2014 Order is omitted.
19.—(1) Schedule 1 (constitution) to the 2014 Order is amended as set out in the following paragraphs.
(2) Paragraph 2 (chairman and vice-chairman) is omitted.
(3) In paragraph 3 (proceedings), after sub-paragraph (6) insert—
“(7) Questions relating to the functions conferred by Parts 2 to 5 of the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 cannot be carried without a vote in favour by the Mayor or the deputy Mayor acting in place of the Mayor.”.
(4) In paragraph 4 (committees)—
(a)in subparagraph (2), omit “and non-constituent councils”; and
(b)in subparagraph (6), omit “the overview and scrutiny committee, or to”.
(5) At the start of paragraph 7 (remuneration), insert “Subject to paragraphs 7A and 7B”.
(6) After paragraph 7 (remuneration), insert—
“7A. Paragraphs 7B and 7C apply in relation to allowances payable other than allowances for travel and subsistence.
7B.—(1) The Combined Authority may establish an independent remuneration panel who may make recommendations to the Combined Authority and to the constituent councils regarding the allowances payable to—
(a)the Mayor; and
(b)the Deputy Mayor.
(2) An independent remuneration panel must consist of at least three members none of whom—
(a)is also a member of the Combined Authority or is a member of a committee or sub-committee of the Combined Authority or a member of a constituent council of the Combined Authority; or
(b)is disqualified from being or becoming a member of the Combined Authority.
(3) The Combined Authority 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 Combined Authority may determine.
7C. The Combined Authority may only pay an allowance to the Mayor or to the Deputy Mayor if—
(a)the Combined Authority has considered a report published by the independent remuneration panel established under paragraph 7A which contains recommendations for such an allowance; and
(b)the allowance paid by the Combined Authority does not exceed the amount specified in the recommendation made by the independent remuneration panel.”.
Signed by authority of the Secretary of State for Housing, Communities and Local Government
Simon Clarke
Minister of State
Ministry of Housing, Communities and Local Government
27th July 2020
Article 9
F20SCHEDULE 1 Modification of provisions of the Apprenticeships, Skills, Children and Learning Act 2009 in their application to the Combined Authority
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Article 10
F21SCHEDULE 2
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Article 12
F22SCHEDULE 3 Modification of the application of Part 8 of the 2011 Act
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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. Sections 107D and 107E were inserted by section 4 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.
Section 112 was amended by sections 6 and 23 of, and paragraphs 17 and 23 of Schedule 5 to, the 2016 Act.
Section 113 was amended by sections 12, 14 and 23 of, and paragraph 24 of Schedule 5 to, the 2016 Act.
Section 113(3) of the 2009 Act requires the Secretary of State, when making an order under sections 104, 105, 106 or 107 of the 2009 Act in relation to an existing combined authority, to have regard to these matters.
This Order relates to the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority, which was established by the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014 (S.I. 2014/863).
Section 51A was inserted by section 44 of the Apprenticeships, Skills, Children and Learning Act 2009 and was amended by S.I. 2010/1158.
1996 c. 56. Section 13A was inserted by section 59 of, and paragraph 3 of Schedule 2 to, the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) and amended by section 82 of, and paragraph 4 of Schedule 3 to, the Children and Families Act 2014 (c. 6) and by S.I. 2010/1158.
Section 15A was inserted by section 140 of, and paragraph 63 of Schedule 30 to, the School Standards and Framework Act 1998 (c. 31) and was amended by section 149 of, and paragraph 54 of Schedule 9 to, the Learning and Skills Act 2000 (c. 21); section 59 of, and paragraph 4 of Schedule 2 to, the Apprenticeships, Skills, Children and Learning Act 2009; section 82 of, and paragraph 6 of Schedule 3 to, the Children and Families Act 2014 and by S.I. 2010/1158.
Section 15B was inserted by section 149 of, and paragraph 55 of Schedule 9 to, the Learning and Skills Act 2000 and was amended by section 82 of, and paragraph 7 of Schedule 3 to, the Children and Families Act 2014 and by S.I. 2010/1158.
Section 10 was amended by S.I. 2010/1158.
Section 12 was amended by S.I. 2010/1158.
Section 68 was amended by section 28 of the Education Act 2011 (c. 21) and by S.I. 2010/1158.
Section 70 was amended by section 28 of the Education Act 2011 and by S.I. 2010/1158.
Section 85 was amended by S.I. 2010/1158.
2004 c. 31. Section 10 was amended by section 39 of and paragraph 4 of Schedule 3 to the Offender Management Act 2007 (c. 21), section 169 of and paragraphs 82 and 83 of Part 2 of Schedule 1 to the Education and Skills Act 2008, section 193 and 266 of and Part 5 of Schedule 16 to the Apprenticeships, Skills, Children and Learning Act 2009, sections 99 of and paragraphs 330 and 331 of Part 3 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13), section 67 of and paragraph 23 of Schedule 16 to the Education Act 2011 (c. 21), section 55 of and paragraphs 127 and 128 of Schedule 5 to the Health and Social Care Act 2012 (c. 7), section 82 of and paragraph 80 of Part 2 of Schedule 3 to the Children and Families Act 2014 (c. 6), and by SI 2010/1158.
Section 9 was amended by sections 61 and 204 of, and paragraph 2 of Schedule 2 to, the Local Government and Public Involvement in Health Act 2007 and by S.I. 2001/2237. There are other amendments not relevant to this Order.
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).