PART 1 General

Citation, commencement and application_I1

1.—(1) This Order may be cited as the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021.

(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) Articles 4 and 27 come into force on the fourth day after the day of the election for the return of the Mayor.

(4) Articles 34(1), 35, 36, 37 and 38 come into force on 10th May 2021.

^F1(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation_I2

2. In this Order—

^M6 “ the 1984 Act ” means the Road Traffic Regulation Act 1984 ;

^F3...

^M7 “ the 1989 Act ” means the Local Government and Housing Act 1989 ;

^F4...

^F5...

^F6...

^F7...

^M8 “ the 2009 Act ” means the Local Democracy, Economic Development and Construction Act 2009 ;

^F8...

^M9 “ the BRS Act ” means the Business Rate Supplements Act 2009 ;

^M10 “ the 1996 Regulations ” means the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 ;

^M11 “ the 2014 Order ” means the West Yorkshire Combined Authority Order 2014 ;

^F9...

^F10...

“ the Area ” means the area of the West Yorkshire Combined Authority;

“ the Combined Authority ” means the West Yorkshire Combined Authority;

^F11...

“ constituent councils ” means the metropolitan district councils for the local government areas of Bradford, Calderdale, Kirklees, Leeds and Wakefield;

“ the deputy mayor for policing and crime ” means the deputy mayor for policing and crime for the Area;

“ election for the return of the mayor ” means an election held pursuant to article 3 of this Order;

^M12 “ the ordinary day of election ”, in relation to any year means the day which is the ordinary day of election in that year of councillors for counties in England and districts as determined in accordance with sections 37 and 37A of the Representation of the People Act 1983 .

“ Mayor ” means the mayor for the Area, except in the term “Mayor of London”;

“ non-constituent council ” means the council for the local government area of York;

“ the police and crime commissioner ” means the police and crime commissioner for West Yorkshire;

^M13,M14,M15 “ the PCC component ” means the component of the precept under section 40 of the Local Government Finance Act 1992 (as modified by the Combined Authorities (Finance) Order 2017 ) in respect of the Mayor's PCC functions ; and

“ the PCC component council tax requirement ” means the component of the council tax requirement calculated under section 42A of the Local Government Finance Act 1992 (as modified by the Combined Authorities (Finance) Order 2017 ) in respect of the Mayor's PCC functions.

PART 2 Election of Mayor

Election of Mayor_I3

3.—(1) There is to be a mayor for the Area.

(2) The first election for the return of a mayor for the Area is to take place on 6th May 2021.

(3) Subsequent elections for the return of a mayor for the Area shall take place—

(a)on the ordinary day of election in 2024, and

(b)in every fourth year thereafter on the same day as the ordinary day of election.

(4) The term of office of the mayor returned at an election for the return of a mayor for the Area—

(a)begins with the fourth day after the day of the poll at the election for the return of a mayor for the Area, and

(b)ends with the third day after the day of the poll at the next election for the return of a mayor for the Area.

Political adviser_I4

4.—(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.

^M16(5) 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.

PART 3 Education, skills and training functions

Concurrent exercise of local authority functions_I5

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)^M17section 51A of the Further and Higher Education Act 1992 (duty to provide for named individuals) ;

(b)^M18section 13A of the Education Act 1996 (duty to promote high standards and fulfilment of potential) ;

(c)^M19section 560A of the Education Act 1996 (work experience for persons over compulsory school age) ;

(d)^M20section 10 of the Education and Skills Act 2008 (local authority to promote fulfilment of duty imposed by section 2) ;

(e)^M21section 12 of the Education and Skills Act 2008 (duty to make arrangements to identify persons not fulfilling duty imposed by section 2) ;

(f)^M22section 68 of the Education and Skills Act 2008 (support services: provision by local authorities) ;

(g)^M23section 70 of the Education and Skills Act 2008 (local authorities: supplementary powers) ;

(h)^M24section 71 of the Education and Skills Act 2008 (provision of support on conditional basis: learning and support agreements) ; and

(i)^M25section 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 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.

^M26(6) Section 10 of the Children Act 2004 (co-operation to improve 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

^F126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions of the Secretary of State to be exercisable concurrently with the Combined Authority in relation to the Area

^F137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions on the exercise of functions mentioned in articles 6 and 7

^F148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification of provisions in the Apprenticeships, Skills, Children and Learning Act 2009

^F159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F16PART 4 Housing, regeneration and planning

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

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Acquisition and appropriation of land for planning and public purposes

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Condition on the exercise of the functions conferred by articles 10 and 11

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F17PART 5 Mayoral development corporation

Mayoral development corporation

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of provisions in the 2011 Act

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mayoral development corporation: incidental provisions

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 6 Transport

Power to pay grant

^F1817. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grants to bus service operators_I6

^M2718.—(1) Subject to paragraphs (2) to (4), the Combined Authority shall have in relation to the Area a function corresponding to the function in section 154(1) of the Transport Act 2000 (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 Transport Act 2000 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 Transport Act 2000; 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 Transport Act 2000 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 Area.

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

Agreements between authorities and strategic highways companies

^F1919. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Traffic regulation_I7

20.—(1) The functions of the constituent councils as local traffic authorities specified in the following provisions of the 1984 Act are exercisable by the Combined Authority in relation to the Area—

(a)^M28section 1 (traffic regulation orders outside Greater London) ;

(b)^M29section 2(4) (what a traffic regulation order may provide) ;

(c)^M30section 9 (experimental traffic orders) ;

(2) The functions specified in paragraph (1) are exercisable by the Combined Authority concurrently with the constituent councils.

(3) Part 1 of, and Schedule 9 to, the 1984 Act apply in relation to the exercise by the Combined Authority of the functions specified in paragraph (1) as they apply in relation to the exercise by the constituent councils of those functions.

(4) The 1996 Regulations apply in relation to orders made or proposed to be made by the Combined Authority in exercise of the functions specified in paragraph (1) as they apply in relation to orders made or proposed to be made by the constituent councils in exercise of those functions.

(5) For the purposes of paragraph (4), references in the 1996 Regulations to an order making authority are to be read as including references to the Combined Authority.

^M31 (6) In this article “ local traffic authority ” has the meaning given by section 121A of the 1984 Act.

(7) Any exercise of the functions conferred by paragraph (1) requires the consent of each member of the Combined Authority appointed by a constituent council pursuant to paragraph 1(2) of Schedule 1 to the 2014 Order or the substitute member acting in their place.

Transport functions related to traffic signs and pedestrian crossings_I8

21.—(1) The functions of the constituent councils as local traffic authorities specified in the following provisions of the 1984 Act are exercisable by the Combined Authority in relation to the Area—

(a)section 23 (pedestrian crossings); and

(b)section 65 (placing of traffic signs).

(2) The functions specified in paragraph (1) are exercisable by the Combined Authority concurrently with the constituent councils.

(3) In consequence of subparagraphs (a) and (b) of paragraph (1), the Combined Authority, in the discharge of the functions conferred on it by those provisions—

(a)^M32is to be treated as a highway authority for the purposes of sections 62 and 278 of the Highways Act 1980 ; and

(b)is to be treated as a local traffic authority for the roads over which the functions are exercised.

^M33 (4) In this article “ local traffic authority ” has the meaning given by section 121A of the 1984 Act.

(5) Any exercise of the functions conferred by paragraph (1) requires the consent of each member of the Combined Authority appointed by a constituent council pursuant to paragraph 1(2) of Schedule 1 to the 2014 Order or the substitute member acting in their place.

Apparatus affected by highway, bridge or transport works_I9

22.—(1) The functions of the constituent councils as highway authorities specified in the following enactments are exercisable by the Combined Authority in relation to the Area—

(a) ^M34 sections 83, 84 and 85 of the New Roads and Street Works Act 1991 (“ the 1991 Act ”); and

(b)the 2000 Regulations.

(2) The functions mentioned in paragraph (1) are exercisable by the Combined Authority concurrently with the constituent councils.

(3) The 2000 Regulations apply in relation to the sharing of costs of diversionary works between the Combined Authority and undertakers as they apply in relation to the sharing of costs of diversionary works between a constituent council and undertakers.

(4) For the purposes of paragraph (3), references in the 2000 Regulations to an authority are to be read as including references to the Combined Authority.

(5) In this article—

(a) ^M35 “ the 2000 Regulations ” means the Street Works (Sharing of Costs of Works) (England) Regulations 2000 ;

(b) ^M36 “ undertaker ” has the same meaning as in sections 48(4) and (5) (streets, street works and undertakers) and 89(4) (public sewers, sewer authorities and related matters) of the 1991 Act ; and

(c) “ diversionary works ” has the meaning given by regulation 2(1) of the 2000 Regulations.

(6) Any exercise of the functions conferred by paragraph (1) requires the consent of each member of the Combined Authority appointed by a constituent council pursuant to paragraph 1(2) of Schedule 1 to the 2014 Order or the substitute member acting in their place.

Permit schemes_I10

^M37 23. —(1) The functions of the constituent councils as local highway authorities specified in the following provisions of the Traffic Management Act 2004 (“ the 2004 Act ”) are exercisable by the Combined Authority in relation to the Area—

(a)^M38section 33 (preparation of permit schemes) ;

(b)^M39section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England) ; and

(c)^M40section 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 Area.

(3) The functions mentioned in paragraph (1) and (2) are exercisable by the Combined Authority concurrently with the constituent councils.

(4) Part 3 of the 2004 Act (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 Schedule 4.

(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) “ permit scheme ” is to be construed in accordance with section 32 of the 2004 Act; and

(b) ^M41 “ the 2007 Regulations ” means the Traffic Management Permit Scheme (England) Regulations 2007 .

(8) Any exercise of the functions conferred by paragraphs (1) and (2) requires the consent of each member of the Combined Authority appointed by a constituent council pursuant to paragraph 1(2) of Schedule 1 to the 2014 Order or the substitute member acting in their place.

Bus lane contraventions

^F2024. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F21PART 7 Additional functions

Assessment of economic conditions

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Data sharing

26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 8 Mayoral functions

Functions exercisable only by the Mayor_I11

27.—(1) The functions of the Combined Authority specified in paragraph (2) are general functions exercisable only by the Mayor.

(2) The functions referred to in paragraph (1) are the functions of the Combined Authority corresponding to the functions in the following enactments—

^F22(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)^M42[^F23 section^F23] 154(1) (grants to bus service operators) of the Transport Act 2000 ;

^F24(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F24(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F24(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F25(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F25(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F25(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F25(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F25(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F25(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F25(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) For the purposes of the exercise of [^F26any mayoral function,^F26] the Mayor may do anything that the Combined Authority may do under section 113A of the 2009 Act (general power of EPB or combined authority).

Joint committees

^F2728. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 9 Funding

Funding_I12

29.—(1) Subject to [^F28paragraph (2)^F28] , 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 [^F29any mayoral function^F29] , 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 of 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.

(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)^M43any 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.

^F30(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.

Transitional provision_I13

30.—(1) This article applies in relation to—

(a)a billing authority whose area is within the Area; and

(b) the financial year commencing on 1st April 2021 (“ the relevant year ”).

^M44(2) The costs of the Mayor that are incurred in, or in connection with, the exercise of mayoral functions in the relevant year shall be met in the case of the Mayor's PCC functions, from precepts issued by the Police and Crime Commissioner for West Yorkshire under section 40 (issue of precepts by major precepting authorities) of the Local Government Finance Act 1992 .

^M45(3) A billing authority that has been issued with a precept by the Police and Crime Commissioner for West Yorkshire in respect of the relevant year must, on and after 10th May 2021, pay to the Mayor out of its collection fund the amounts owing in respect of that precept in accordance with the Local Authorities (Funds) (England) Regulations 1992 .

(4) In this article—

^M46 “ billing authority ” has the same meaning as in section 1(2) of the Local Government Finance Act 1992 ; and

^M47 “ collection fund ” means the fund required to be established and maintained by a billing authority in accordance with section 89(1) of the Local Government Finance Act 1988 .

Conferral of Business Rate Supplements functions_I14

31.—(1) The Combined Authority has, in relation to the 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.

_I15

32.—(1) The functions of the Combined Authority specified in article 31 are exercisable only by the Mayor.

^F31(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F32(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 4 of this Order.

Adaptation of BRS in consequence of article 31_I16

33. For the purposes of article 31, the BRS Act applies to the Combined Authority 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 included references to the Combined Authority.

(b)references in that Act to a lower-tier authority were, in relation to the Combined Authority, references to a district council whose area forms part of the Area.

PART 10 Police and Crime Commissioner functions

Police and Crime Commissioner functions_I17,I18

34.—(1) The Mayor shall exercise functions of a police and crime commissioner in relation to the Area.

(2) There is to be no police and crime commissioner for the Area from 10th May 2021.

^M48(3) Any election of a police and crime commissioner for the Area that would otherwise take place (whether before, on, or after 10th May 2021) by virtue of section 50(1)(b) of the Police Reform and Social Responsibility Act 2011 is not to take place.

(4) The term of office of the police and crime commissioner for West Yorkshire is to continue until 10th May 2021.

(5) Any election to fill a vacancy in the office of police and crime commissioner for West Yorkshire which would otherwise take place under section 51 of the Police Reform and Social Responsibility Act 2011 is not to take place if the vacancy occurs within the period starting on the day on which this article comes into force and ending on 10th May 2021.

^M49 (6) For the purpose of this Part “ the 2011 Act ” means the Police Reform and Social Responsibility Act 2011 .

Transfer of police and crime commissioner functions_I19

^M5035.—(1) Subject to paragraphs (2) and (3), the Mayor is to be treated, in relation to the Mayor's PCC functions, as a police and crime commissioner for the purposes of all police and crime commissioner enactments (whenever passed or made) .

(2) In their application to the Mayor, the police and crime commissioner enactments set out in Schedule 5 apply with the modifications set out in that Schedule.

(3) Paragraph (1) does not apply to those enactments set out in Schedule 6.

Transfer of property, rights and liabilities_I20

36.—(1) All property, rights and liabilities (including rights and liabilities in relation to contracts of employment) which immediately before 10th May 2021 were property, rights and liabilities of the police and crime commissioner are to transfer to, and by virtue of this paragraph vest in, the Combined Authority on 10th May 2021.

(2) In relation to the property, rights and liabilities transferred by paragraph (1) and any property, rights and liabilities acquired in relation to the Mayor's PCC functions on or after 10th May 2021—

(a)all functions in relation to such property, rights and liabilities are to be exercised by the Mayor;

(b)all decisions relating to such property, rights and liabilities are to be made by the Mayor;

(c)any receipts arising from such property, rights and liabilities (whether arising from their use, sale, disposal or otherwise) are to be paid into the police fund kept by the Mayor by virtue of section 21 of the 2011 Act.

(3) All monies held in the police fund kept by the police and crime commissioner under section 21 of the 2011 Act immediately before 10th May 2021 are, on that date, to transfer to the police fund kept by the Mayor by virtue of that section (as applied in accordance with article 35).

^M51(4) Nothing in paragraph (2) prevents the Mayor from making arrangements under section 18 of the 2011 Act (as applied in accordance with article 35) in relation to the matters mentioned in paragraph (2).

Secondments_I21

37. In the case of a person who, immediately before 10th May 2021 is seconded to the police and crime commissioner, the secondment is to have effect, after that time, as a secondment to the Combined Authority.

Continuity_I22

38.—(1) The abolition of the police and crime commissioner, the transfer or abolition of the commissioner's functions, and the transfer of the commissioner's property, rights and liabilities, do not affect the validity of anything done before the abolition or transfer.

(2) Paragraphs (3) to (5) apply where any functions, property, rights or liabilities are transferred by or under this Order from the commissioner to the Combined Authority.

(3) There may be continued by or in relation to the Combined Authority anything (including legal proceedings) which—

(a)relates to any of the functions, property, rights or liabilities transferred; and

(b)is in the process of being done by or in relation to the commissioner immediately before 10th May 2021.

(4) Anything which—

(a)was made or done by or in relation to the commissioner for the purposes of, or otherwise in connection with, any of the functions, property, rights or liabilities transferred; and

(b)is in effect immediately before 10th May 2021,

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

(5) The Combined Authority is to be substituted for the commissioner in any instruments, contracts or legal proceedings which—

(a)relate to any of the functions, property, rights or liabilities transferred; and

(b)are made or commenced before 10th May 2021.

(6) In this paragraph a reference to the transfer of a function includes a reference to the abolition of the function and the conferral of a corresponding function on another person.

Foreign property etc, perfection of vesting_I23

^M5239.—(1) Subsections (2) to (8) of section 414 of the Greater London Authority Act 1999 (foreign property, rights and liabilities: perfection of vesting) apply to the transfer by this Order of any foreign property, rights or liabilities.

(2) In the application of those provisions by virtue of paragraph (1)—

(a)references to a transfer or pension instrument have effect as references to the transfer by or under this Order; and

(b)references to the transferor and the transferee are to be construed accordingly.

Transfers: supplementary provision_I24

40.—(1) All property, rights and liabilities transferred by this Order are to be transferred, 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.

(2) 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).

(3) 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.

(4) Paragraphs (1) to (3) 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.

(5) In this article—

Extension of financial year of Police and Crime Commissioner and Chief Constable for West Yorkshire_I25

^M5341.—(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 ending on 31st March is modified in the case of the police and crime commissioner and chief constable for the financial year which began on 1st April 2020 to require—

(a)the police and crime commissioner, or after the transfer made by this Order, the Combined Authority in respect of the police and crime commissioner's accounts; and

(b)the chief constable;

to prepare a statement of accounts from that date for the period which ends on 9th May 2021.

^M54 (2) The requirement in regulation 15(1)(a) of the Accounts and Audit Regulations 2015 (“ the Regulations ”) concerning the commencement of the period for the exercise of public rights under regulation 9(1)(b) of the Regulations, is modified in the case of the police and crime commissioner and the chief constable for the financial year which began on 1st April 2020 so as to require the relevant responsible financial officer to ensure that the commencement of the period for the exercise of public rights takes place on such a day that ensures that the period referred to in regulation 14(1) of the Regulations begins on 19th July 2021.

(3) In this article—

“ the chief constable ” means the chief constable of the police force for West Yorkshire;

“ the relevant responsible financial officer ” means—

“ responsible financial officer ” has the same meaning as in regulation 2(2) of the Regulations.

Modifications to the Local Government Act 1972_I26

^M5542.—(1) Section 86 of the Local Government Act 1972 applies in relation to the Mayor with the following modification.

(2) After section 86(1)(c), insert—

“or

(d)ceases to be the Mayor by virtue of section 63 of the 2011 Act;”.

PART 11 Amendment of the 2014 Order

Amendment of the 2014 Order_I27

43. Article 5 of the 2014 Order is omitted.

_I28

44. For Schedule 1 to the 2014 Order substitute the Schedule in Schedule 7 to this Order.

Article 9

^F33SCHEDULE 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 13

^F34SCHEDULE 2

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Article 15

^F35SCHEDULE 3 Modification of the application of Part 8 of the 2011 Act

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Article 23

SCHEDULE 4 Permit schemes: modification of the application of Part 3 of the Traffic Management Act 2004 _I29

1.—(1) Part 3 of the Traffic Management Act 2004 is modified as follows.

(2) Section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England) has effect as if—

(a) subsection (1) were omitted;

(b) for subsection (2) there were substituted—

“(2) A permit scheme prepared in accordance with section 33(1) or (2) by the Combined Authority shall not have effect in the combined area unless the Combined Authority gives effect to it by order.”; and

(c) subsection (3) were omitted.

(3) Section 36 (variation and revocation of permit schemes) has effect as if, for subsections (1) to (3) there were substituted—

“(1) The Combined Authority may by order vary or revoke a permit scheme to the extent that it has effect in the combined area by virtue of an order made by the Combined Authority under section 33A(2).

(2) The Secretary of State may direct the Combined Authority to vary or revoke a permit scheme by an order under subsection (1).

(3) An order made by the Combined Authority under subsection (1) may vary or revoke an order made by the Combined Authority under section 33A(2), or an order previously made by the Combined Authority under subsection (1).”.

Article 35(2)

SCHEDULE 5 Modifications of police and crime commissioner enactments in their application to the Mayor

PART 1 Primary legislation

Police (Property) Act 1897_I30

^M561.—(1) The Police (Property) Act 1897 is modified as follows.

(2) In section 2(2A), for the last reference to “relevant body” substitute “ Combined Authority ” .

Trustee Investments Act 1961_I31

^M572.—(1) The Trustee Investments Act 1961 is modified as follows.

(2) In paragraph 9 of Part 2 of Schedule 1, for “similar officer of the authority” substitute “ similar officer of the Combined Authority deployed wholly or partly in relation to the PCC functions of the Mayor ” .

Pensions (Increase) Act 1971_I32

^M583.—(1) The Pensions (Increase) Act 1971 is modified as follows.

(2) In paragraph 51(aa) of Schedule 2, for “a police and crime commissioner” substitute “ the police and crime commissioner for West Yorkshire or of the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions ” .

Local Government (Miscellaneous Provisions) Act 1976_I33

^M594.—(1) The Local Government (Miscellaneous Provisions) Act 1976 is modified as follows.

^M60 (2) In section 29(1) , for “or transferred to the authority”, substitute “ to the Mayor, or transferred to the Combined Authority in relation to the Mayor's PCC functions ” .

^M61 (3) In section 30(3)(a) , for “maintained by a local authority”, substitute “ maintained by the Mayor of the Combined Authority ” .

^M62 (4) In section 44(1), in paragraph (a) of the definition of “local authority”, for “13 to 16, 29, 30, 38, 39 and 41” substitute “ 13, 14, 16, 29 and 38 ” .

Local Government, Planning and Land Act 1980_I34

^M635.—(1) The Local Government, Planning and Land Act 1980 is modified as follows.

(2) In section 99—

(a)after subsection (2), insert—

“(2A) Where a notice under subsection (1) is received by the Combined Authority and it relates to land used wholly or partly in relation to the Mayor's PCC functions, the Mayor is to make any representations (referred to in subsection (2)) on behalf of the Combined Authority to the Secretary of State.”;

(b)in subsection (4)—

(i) ^M64 in paragraph (dbzb) after “that Act”, insert “ or (as the case may be) the Mayor ” ;

(ii)^M65omit paragraph (dc) .

Dartford-Thurrock Crossing Act 1988_I35

^M666.—(1) The Dartford-Thurrock Crossing Act 1988 is modified as follows.

(2) In section 19(a)(i), for “a local policing body” substitute “ the Combined Authority for use in relation to the exercise of the Mayor's PCC functions ” .

Local Government Finance Act 1988_I36

^M677.—(1) The Local Government Finance Act 1988 is modified as follows.

^M68(2) In section 114 —

(a)for subsection (4)(b)(i) substitute—

“(i)a report relating to the Mayor's PCC functions, each member of the Combined Authority (including the Mayor) and each member of the police and crime panel for the Mayor's area;”;

(b) ^M69 in subsection (8A)(b) , for “relevant authority”, substitute “ Mayor ” .

(3) In section 115—

(a) ^M70 in subsection (1B) for “of an elected local policing body, that body”, substitute “ of the Combined Authority in relation to the Mayor's PCC functions, the Mayor (“the body”) ” ;

(b) in subsection (1F)(b), for “elected local policing body's” substitute “Combined Authority's”;

(c) ^M71 in subsection (2) , for “any authority other than an elected local policing body”, substitute “ any report other than one relating to the Mayor's PCC functions ” .

^M72(4) For section 116(2B) , substitute—

“(2B) In the case of the Mayor, the chief finance officer of the Combined Authority must notify the auditor of the Combined Authority of any decision taken by the Mayor in accordance with section 115.”.

Road Traffic Act 1988_I37

^M738.—(1) The Road Traffic Act 1988 is modified as follows.

(2) In section 144(2)(b)—

(a) for “a local policing body” substitute “ the Combined Authority for use in relation to the Mayor's PCC functions ” ;

(b) for “a police and crime commissioner's staff (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011 )” substitute “ the Combined Authority's staff deployed wholly or partly in relation to the Mayor's PCC functions ” .

Local Government and Housing Act 1989_I38

^M749.—(1) The Local Government and Housing Act 1989 is modified as follows.

(2) In section 1—

(a) ^M75 in subsection (9) , for “an elected local policing body” substitute “ the Combined Authority deployed predominantly in relation to the Mayor's PCC functions ” ;

(b) ^M76 in subsection (10) , for “an elected local policing body does not include a deputy police and crime commissioner” substitute “ the Combined Authority deployed predominantly in relation to the Mayor's PCC functions does not include the deputy mayor for policing and crime ” .

(3) In section 4—

(a)^M77omit subsections (1) and (1A) ;

(b)^M78for subsection (4) substitute—

“(4) It shall be the duty of the head of the Combined Authority's paid service, as soon as practicable after he has prepared a report relating to the Mayor's PCC functions under this section, to arrange for a copy of it to be sent to the members of the Combined Authority (including the Mayor) and to the police and crime panel.”;

(c) ^M79 in subsection (5) , omit “(other than an elected local policing body)”;

(d) ^M80 in subsection (5A) , for “by the head of the body's paid service” substitute “ that relates to the Mayor's PCC functions ” .

(4) In section 5—

(a)^M81omit subsection (1C) ;

(b)^M82for subsection (3)(b)(a) , substitute—

“(a)in the case of a report relating to the Mayor's PCC functions, to the members of the Combined Authority (including the Mayor) and to the police and crime panel; and”;

(c)in subsection (5)—

(i) for “a relevant authority” substitute “ the Mayor ” ;

(ii)^M83in paragraph (a) —

(aa) in sub-paragraph (i), omit “in the case of an elected local policing body”;

(bb)omit sub-paragraph (ii);

(d) ^M84 in subsection (8) , in the definition of “relevant authority” omit “an elected local policing body”.

^M85(5) Omit section 7(1)(aa) .

^M86(6) Omit section 13(5ZA) .

Police Act 1996_I39

^M8710.—(1) The Police Act 1996 is modified as follows.

^M88 (2) In section 22A(9)(a) , for “that body” substitute “ the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions ” .

^M89(3) In section 41 —

(a) in subsection (1), for “commissioner's council tax requirement (under section 42A of the Local Government Finance Act 1992 ) or budget requirement (under section 43 of that Act )” substitute “ PCC component council tax requirement ” ;

(b) in subsection (4), for “precept issued or calculation made by the commissioner under Part 1 of the Local Government Finance Act 1992 ”, substitute “ determination by the Mayor of the final amount of the PCC component ” .

^M90(4) In section 53E —

(a) in subsection (1)(a), for “a local policing body” substitute “ the Combined Authority and are deployed wholly or partly in relation to the Mayor's PCC functions ” ;

(b) in subsection (1)(b), for “the body” substitute “ the Combined Authority ” .

^M91(5) In section 88 —

(a) ^M92 in subsection (5A) , for the first reference to “local policing body” substitute “ Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions ” ;

(b) ^M93 in subsection (6)(a) , for “local policing body” substitute “ Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions ” .

^M94 (6) In section 92(1) , for “parish or community” substitute “ parish, community, or Combined Authority ” .

^M95 (7) In section 96(1B) , for “precept for a financial year is issued by the police and crime commissioner under section 40 of the Local Government Finance Act 1992 ” substitute “ PCC component is determined by the Mayor ” .

Police Reform Act 2002_I40

^M9611.—(1) The Police Reform Act 2002 is modified as follows.

^M97 (2) In section 40(7)(d) , for “local policing body” substitute “ Combined Authority and who are deployed wholly or partly in relation to the Mayor's PCC functions ” .

^M98(3) In section 42(7) —

(a) for the first reference to “local policing body” substitute “ Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions ” ;

(b) for the second reference to “local policing body” substitute “ Combined Authority ” ;

(c) for “or body” substitute “ or Combined Authority ” .

Proceeds of Crime Act 2002_I41

^M9912.—(1) The Proceeds of Crime Act 2002 is modified as follows.

(2) For section 55(8)(aa) substitute—

“(aa)a member of the Combined Authority's staff deployed wholly or partly in relation to the Mayor's PCC functions;”.

Local Government Act 2003_I42

^M10013.—(1) The Local Government Act 2003 is modified as follows.

(2) In section 7—

(a) in subsection (1)(a), for “its part”, substitute “ the part of the Combined Authority ” ;

(b) in subsection (2), for “on the part of the authority”, substitute “ on the part of the Combined Authority ” .

Railways and Transport Safety Act 2003_I43

^M10114.—(1) The Railways and Transport Safety Act 2003 is modified as follows.

(2) For paragraph 7(2)(c) of Schedule 4, substitute—

“(c)a member of staff of the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions,”.

Local Government and Public Involvement in Health Act 2007_I44

^M10215.—(1) The Local Government and Public Involvement in Health Act 2007 is modified as follows.

(2) For section 15(1)(a), substitute—

“(a)for the transfer of functions, property, rights or liabilities from a local authority, Combined Authority in relation to the Mayor's PCC functions, or local policing body for any area to another local authority, Combined Authority in relation to the Mayor's PCC functions, or local policing body whose area consists of or includes the whole or part of that area;”.

Local Democracy, Economic Development and Construction Act 2009_I45

16.—(1) The 2009 Act is modified as follows.

^M103 (2) In paragraph 9(1)(a) of Schedule 5B , for “or deputy mayor” substitute “ , deputy mayor or deputy mayor for policing and crime ” .

Police Reform and Social Responsibility Act 2011_{I46,I47,I48,I49,I50,I51,I52,I53,I54,I55,I56,I57,I58,I59,I60,I61,I62,I63,I64,I65}

17. The Police Reform and Social Responsibility Act 2011 is modified as follows.

^M10418. In section 5 —

(a) in subsection (1), for “ordinary election” substitute “ election for the return of a Mayor ” ;

(b) in subsection (13)—

(i) in the definition of “financial year”, for “year of the police and crime commissioner” substitute “ year of the Combined Authority ” ;

(ii) omit the definition of “ordinary election”.

^M10519. In section 7(7) —

(a) in the definition of “financial year”, for “year of the elected local policing body” substitute “ year of the Combined Authority ” ;

(b) omit the definition of “ordinary election”;

(c) in the definition of “planning period” for “ordinary election” substitute “ election for the return of a Mayor ” ;

(d) in the definition of “qualifying day” for “ordinary election” substitute “ election for the return of a Mayor ” .

20. In section 16—

(a) for subsection (1), substitute—

“(1) This section applies where the Mayor is required or authorised by any Act—

(a)to appoint a person to a specified post in the Combined Authority; or

(b)to designate a person as having specified duties or responsibilities,

in connection with the exercise of the Mayor's PCC functions.”;

(b) in subsection (2), for “the body” substitute “ the Combined Authority ” .

^M10621. In section 18 —

(a) for each reference to “deputy police and crime commissioner” substitute “ deputy mayor for policing and crime ” ;

[^F36 (aa) for subsection (1) substitute—

“(1) The Mayor must—

(a)appoint a person as the deputy mayor for policing and crime for the area, and

(b)arrange for the deputy mayor for policing and crime to exercise one or more of the Mayor’s PCC functions.”^F36]

(b) in subsection (6)—

(i) after paragraph (d), insert—

“(da)a deputy mayor under section 107C of the Local Democracy, Economic Development and Construction Act 2009 ^M107;”;

(ii) after paragraph (h), insert—

“(i)the Combined Authority.”;

(c) in subsection (7)—

(i) for paragraph (f), substitute—

“(f)calculating the PCC component council tax requirement.”;

(ii)^M108 omit paragraphs (g) and (h) ;

(d) for subsection (10), substitute—

“(10) The deputy mayor for policing and crime is a member of staff of the Combined Authority, unless they are a member of the Combined Authority.”.

22. In section 21, after subsection (3) insert—

“(3A) Expenditure may be paid out of the police fund only if, and to the extent that, it is incurred in or otherwise relates to, the exercise of the Mayor's PCC functions.”.

23. In section 28—

(a)^M109 omit subsections (1A) and (1B) ;

(b) in subsection (6)(a), after “police and crime commissioner” insert, “ , the deputy mayor for policing and crime and any other person who exercises any function of the Mayor pursuant to arrangements made under section 18 ” .

24. In section 29—

(a) for subsection (1), substitute—

“(1) A police and crime panel may require—

(a)the Mayor;

(b)the deputy mayor for policing and crime;

(c)members of staff of the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions; and

(d)any members of the Combined Authority who exercise any function of the Mayor pursuant to arrangements made under section 18,

to attend before the panel (at reasonable notice) to answer any question which appears to the panel to be necessary in order for it to carry out its functions.”;

(b) for subsection (2), substitute—

“(2) Nothing in subsection (1) requires a person to give any evidence, or produce any document, which discloses advice given by that person to—

(a)the Mayor in relation to the Mayor's PCC functions;

(b)the deputy mayor for policing and crime; or

(c)a member of the Combined Authority who exercises any function of the Mayor pursuant to arrangements made under section 18.”;

(c) for subsection (5), substitute—

“(5) Any person referred to in subsection (1)(b), (c) or (d) must comply with any requirement imposed on them under that subsection.”;

(d) in subsection (6), after “commissioner” insert “ or the deputy mayor for policing and crime ” .

25. In section 30—

(a) in subsection (1), for “relevant police and crime commissioner” substitute “ Mayor so far as acting in the exercise of PCC functions ” ;

(b) for subsection (3), substitute—

“(3) For the purposes of salary, pensions and allowances in respect of times during a period of suspension, the Mayor is to be treated as holding that office during that suspension.”.

26. In section 31(3), for paragraphs (b) to (d) substitute—

“(b)deputy mayor for policing and crime.”.

27. In section 62—

(a) for subsection (1), substitute—

“(1) The police and crime panel must appoint a person to exercise the Mayor's PCC functions (the “acting commissioner”) if the Mayor is suspended from the exercise of PCC functions in accordance with section 30.”;

(b) in subsection (2), for “member of the police and crime commissioner's staff” substitute “ member of the staff of the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions or the deputy mayor for policing and crime ” ;

(c) after subsection (2), insert—

“(2A) The police and crime panel may not appoint as acting commissioner any person appointed as a deputy mayor under section 107C of the 2009 Act.”;

(d) omit subsection (3);

(e) for subsection (5), substitute—

“(5) Any property or rights vested in the Combined Authority in relation to the Mayor's PCC functions can be dealt with by the acting commissioner.”;

(f) omit subsection (6)(c);

(g) in subsection (7)—

(i) omit “incapacitated or”;

(ii) omit “(c) or”;

(h) omit subsection (8).

28. For section 63(1) and (2), substitute—

“(1) Subsection (2) applies where—

(a)the deputy mayor is appointed under section 107C of the 2009 Act to act for the Mayor because the Mayor is unable to act; and

(b)the Mayor does not cease to be unable to act during the period of 6 months beginning with the day on which the acting Mayor was appointed.

(2) At the end of that 6 month period—

(a)the Mayor ceases to be the Mayor, and

(b)accordingly, the office of Mayor becomes vacant.”.

^M11029. For section 64(3) to (4A) , substitute—

“(3) A person is disqualified from being elected as the Mayor at an election held under the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 if—

(a)the person has been nominated as a candidate for election as police and crime commissioner for any other police area at an ordinary election, and

(b)the ordinary election is held on the same day as the election to return the Mayor.

(4) A person is disqualified from being elected as the Mayor at an election held under the Combined Authorities (Mayors) (Filling of Vacancies) Order 2017 ^M111 if—

(a)the person is the police and crime commissioner for any other police area; or

(b)the person has been nominated as a candidate for election as police and crime commissioner for any other police area for which an election is held on the same day.”.

^M11230. In section 65 —

(a) in subsection (1)(e), insert after paragraph (ii)—

“(iii)the Combined Authority;”;

(b)^M113 for subsection (1A) , substitute—

“(1A) Subsection (1)(e)(i) does not prevent a deputy mayor for policing and crime—

(a)from being elected as Mayor at an election held under the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021;

(b)from being elected at an election held under the Combined Authorities (Mayors) (Filling of Vacancies) Order 2017 ^M114 to fill a vacancy in the office of Mayor if, on the day on which the person is nominated as a candidate at the election and at all times between that day and the declaration of the result of the election, the deputy is acting as acting commissioner under section 62.”.

31. In section 70—

(a) for subsection (1), substitute—

“(1) A person elected to the office of Mayor may not exercise police and crime commissioner functions unless that person has made the specified declaration to the appropriate officer.”;

(b) omit subsection (2);

(c) in subsection (5), for the first reference to “office” substitute “ the duty of exercising police and crime commissioner functions as Mayor ” ;

(d) for subsection (6), substitute—

“(6) In this section—

“appropriate officer” means the person designated as the head of paid service by the Combined Authority under section 4(1)(a) of the Local Government and Housing Act 1989; “specified declaration” means the following declaration—

I [Full Name] of [Place] do hereby declare that I accept the duty of exercising Police and Crime Commissioner functions as West Yorkshire Mayor. In making this declaration, I solemnly and sincerely promise that in exercising Police and Crime Commissioner functions: I will serve all the people of West Yorkshire. I will act with integrity and diligence in my role and, to the best of my ability, will execute my duties to ensure that the police are able to cut crime and protect the public. I will give a voice to the public, especially victims of crime, and work with other services to ensure the safety of the community and effective criminal justice. I will take all steps within my power to ensure transparency of my decisions, so that I may be properly held to account by the public. I will not interfere with the operational independence of police officers.”;

(e) omit subsection (7).

32. In Schedule 1—

(a) for paragraph 1, substitute—

“1. This Schedule applies in relation to the Mayor in the exercise of PCC functions.”;

(b) for paragraph 4, substitute—

“4.—(1) The Mayor must make authorised pension payments.

(2) In this paragraph “authorised pension payments” means—

(a)pensions to, or in respect of, persons who have been the police and crime commissioner for West Yorkshire, and

(b)amounts for or towards provision of pensions to, or in respect of, persons who have been the police and crime commissioner for West Yorkshire,

which are of the kinds and amounts determined by the Secretary of State as payable in accordance with this paragraph.”;

(c) in paragraph 5(2), for “any of paragraphs 2 to” substitute “ paragraph ” ;

(d)^M115 in paragraph 8 —

(i) for each reference to “deputy police and crime commissioner” substitute “ deputy mayor for policing and crime ” ;

(ii) for sub-paragraphs (3) and (3A), substitute—

“(3) The terms and conditions of a person appointed as the deputy mayor for policing and crime must ensure that the person's term of office ends no later than the third day after the day of the poll at an election for the return of a Mayor.

(3A) The terms and conditions must also provide for the deputy mayor for policing and crime's appointment to end when, following an election held to fill a vacancy in the office of the appointing Mayor, the person elected makes and delivers a declaration under section 70.”;

(e) for paragraph 9(1), substitute—

“(1) The Mayor must notify the police and crime panel of each proposed appointment by the Mayor of a deputy mayor for policing and crime.”;

(f) in paragraph 10(9)(a), for “ordinary election of a police and crime commissioner under section 50” substitute “ election for the return of a Mayor ” ;

(g) for paragraph 13, substitute—

“13.—(1)  The Mayor may pay —

(a)remuneration, allowances and gratuities to members of the Combined Authority's staff deployed wholly or partly in relation to the Mayor's PCC functions; and

(b)allowances and gratuities to the deputy mayor for policing and crime where that person is not a member of staff of the Combined Authority.

(2) The Mayor may pay—

(a)pensions to, or in respect of, persons who have been members of the Combined Authority's staff deployed wholly or partly in relation to the Mayor's PCC functions; and

(b)amounts for or towards provision of pensions to, or in respect of, persons who have been members of the Combined Authority's staff deployed wholly or partly in relation to the Mayor's PCC functions.

(3) In this paragraph “allowances” —

(a)in relation to a member of the Combined Authority's staff deployed wholly or partly in relation to the Mayor's PCC functions, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff in relation to such functions; and

(b)in relation to a deputy mayor for policing and crime who is not a member of the Combined Authority's staff, means allowances in respect of expenses incurred by the deputy mayor for policing and crime in the course of that person's duties as deputy mayor for policing and crime.”;

(h) for paragraph 15(2), substitute—

“(2) A person who is—

(a)a member of staff of the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions; or

(b)a member of the Combined Authority exercising the Mayor's PCC functions,

has no personal liability for an act or omission done by the person, in the carrying out of duties relating to the Mayor's PCC functions as a member of staff or as a member of the Combined Authority, unless it is shown to have been done otherwise than in good faith.”;

(i) for paragraph 16, substitute—

“16. References to the financial year of the Mayor are to be read as if they were references to the financial year of the Combined Authority.”.

33. In Schedule 5—

(a) in paragraph 1—

(i) for sub-paragraph (1), substitute—

“(1) The Mayor may not determine the final amount of the PCC component for a financial year until the end of the scrutiny process is reached.”;

(ii) for sub-paragraph (3), substitute—

“(3) References in this Schedule to the determining of the final amount of the PCC component include references to the determining of the amount of the PCC component of a substitute precept.”;

(b) in paragraph 2, for “the precept which the commissioner is proposing to issue” substitute “ the proposed amount of the PCC component ” ;

(c) in paragraph 3(3), for “the precept that should be issued” substitute “ the amount of the PCC component ” ;

(d) in paragraph 4(3), for “precept for the financial year” substitute “ PCC component for the financial year ” ;

(e) in paragraph 5(3)—

(i) in paragraph (a), for “issue the proposed precept as the precept” substitute “ determine that the proposed amount of the PCC component is the final amount of the PCC component ” ;

(ii) in paragraph (b), for “issue a different precept” substitute “ determine a different PCC component ” ;

(f) in paragraph 6(2), for “issue the proposed precept as the precept” substitute “ determine that the proposed PCC component is to be the PCC component ” ;

(g) in paragraph 8—

(i) in sub-paragraph (1), for “the issuing of precepts” substitute “ determining the amount of the PCC component ” ;

(ii) in sub-paragraph (4), for “precept that may be issued” substitute “ amount of the PCC component ” .

^M11634. In Schedule 6 —

(a) for paragraph 21, substitute—

“21. The Mayor, a member of the Combined Authority appointed by the constituent councils, or substitute members acting in place of those members may not be a member of the police and crime panel for the area.”;

(b) in paragraph 22(1)(a), for the words “police and crime commissioner for that police area” substitute “ Combined Authority ” ;

(c) in paragraph 33, after sub-paragraph (1) insert—

“(1A) But this paragraph does not apply if the elected Mayor of that executive is a member of the Combined Authority appointed by the constituent councils.”;

(d) in paragraph 34, after sub-paragraph (1) insert—

“(1A) But this paragraph does not apply if the current Mayor of that executive is a member of the Combined Authority appointed by the constituent councils.”.

35. In Schedule 7—

(a) in paragraph 3(1)(a)(ii), for “deputy police and crime commissioner” substitute “ deputy mayor for policing and crime (unless the holder of that office is a member of the Combined Authority) ” ;

(b) for paragraph 4, substitute—

“4.—()0  This paragraph applies in relation to qualifying complaints which—

(a)relate to a holder of the office of—

(i)Mayor; or

(ii)deputy mayor for policing and crime, if the holder of that office is a member of the Combined Authority, and

(b)are not, or cease to be, investigated by the Director General of the Independent Office for Police Conduct or a police force.

(2) Regulations must secure that such complaints are dealt with in accordance with the Combined Authority's code of conduct adopted under section 27(2) of the Localism Act 2011.”.

36. In Schedule 8—

(a) for paragraph 4(10), substitute—

“(10) For that purpose, “relevant post-election period” means the period that—

(a)begins with the day of the poll at an election for the return of the Mayor; and

(b)ends with the day on which the person elected as Mayor delivers a declaration under section 70.”;

(b) for paragraph 15(8), substitute—

“(8) For that purpose, “relevant post-election period” means the period that—

(a)begins with the day of the poll at an election for the return of the Mayor; and

(b)ends with the day on which the person elected as Mayor delivers a declaration under section 70.”.

Local Audit and Accountability Act 2014_I66

^M11737.—(1) The Local Audit and Accountability Act 2014 is modified as follows.

(2) In Schedule 4—

(a)for paragraph 2(4)(a), substitute—

“(a)cases where the relevant authority referred to in the opening words of sub-paragraph (2) (the “relevant authority concerned”) is a Combined Authority where the Mayor exercises PCC functions;”;

(b)for paragraph 2(5), substitute—

“(5) Where the relevant authority concerned is a Combined Authority where the Mayor exercises PCC functions, references to “the authority” include the chief constable for the area.”.

PART 2 Secondary legislation

Motor Vehicles (Third Party Risks) Regulations 1972_I67

^M11838.—(1) The Motor Vehicles (Third Party Risks) Regulations 1972 are modified as follows.

(2) For regulation 7(3), substitute—

“(3) In the case of a motor vehicle owned by the Combined Authority for use wholly or partly in relation to the Mayor's PCC functions, a certificate in Form F signed by some person authorised in that behalf by the Mayor that the motor vehicle is owned by the Combined Authority for use in relation to the Mayor's PCC functions.”.

Official Secrets Act 1989 (Prescription) Order 1990_I68

^M11939.—(1) The Official Secrets Act 1989 (Prescription) Order 1990 is modified as follows.

(2) In Schedule 2, for “a Deputy police and crime commissioner”, substitute “ a deputy mayor for policing and crime ” .

Police (Disposal of Sound Equipment) Regulations 1995_I69

^M12040.—(1) The Police (Disposal of Sound Equipment) Regulations 1995 are modified as follows.

(2) In regulation 4(4), for “local policing body” substitute “ Combined Authority ” .

Police (Property) Regulations 1997_I70

^M12141.—(1) The Police (Property) Regulations 1997 are modified as follows.

(2) In regulation 6(6), for “relevant authority” substitute “ Combined Authority ” .

(3) In regulation 7(1), for “vest in them” substitute “ vest in the Combined Authority ” .

Health and Safety (Enforcing Authority) Regulations 1998_I71

^M12242.—(1) The Health and Safety (Enforcing Authority) Regulations 1998 are modified as follows.

(2) In regulation 4(3)(d), for “a local policing body” substitute “ the Combined Authority in relation to the Mayor's PCC functions ” .

Motor Vehicles (Driving Licences) Regulations 1999_I72

^M12343.—(1) The Motor Vehicles (Driving Licences) Regulations 1999 are modified as follows.

^M124 (2) In regulation 23(1)(c)(ii) , for “local policing body or” substitute “ the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions or a ” .

^M125 (3) In regulation 24(1)(d)(ii) , for “local policing body or” substitute “ the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions or a ” .

^M126 (4) In regulation 58(2)(c)(ii) , for “local policing body” substitute “ the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions ” .

Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999_I73

^M12744.—(1) The Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999 is modified as follows.

(2) For paragraph 2 of Section 6 of Schedule 1, substitute—

The Combined Authority in relation to employees deployed wholly or partly in relation to the Mayor's PCC functions.”.

Motor Vehicles (Access to Driver Licensing Records) Regulations 2001_I74

^M12845.—(1) The Motor Vehicles (Access to Driver Licensing Records) Regulations 2001 are modified as follows.

(2) In regulation 3(2), for “local policing body or” substitute “ the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions or a ” .

Police and Criminal Evidence Act 1984 (Drug Testing of Persons in Police Detention) (Prescribed Persons) Regulations 2001_I75

^M12946.—(1) The Police and Criminal Evidence Act 1984 (Drug Testing of Persons in Police Detention) (Prescribed Persons) Regulations 2001 are modified as follows.

(2) In regulation 2(1)(b), for “a local policing body or” substitute “ the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions or a ” .

Police Regulations 2003_I76

^M13047.—(1) The Police Regulations 2003 are modified as follows.

(2) In regulation 7(7)(a), for “a deputy appointed under section 18(1)(a) or 19(1)(a) of the Police Reform and Social Responsibility Act 2011 ” substitute “ the deputy mayor for policing and crime ” .

(3) In regulation 24(1)(b), for “local policing body” substitute “ Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions ” .

Docking of Working Dogs' Tails (England) Regulations 2007_I77

^M13148.—(1) The Docking of Working Dogs' Tails (England) Regulations 2007 are modified as follows.

(2) In regulation 2, for the definition of “police identification” substitute—

““police identification” means evidence that the person presenting the identification is—

(a)a police officer;

(b)employed by the Combined Authority and deployed wholly or partly in relation to the Mayor's PCC functions;

(c)contracted to work for the Mayor in relation to the Mayor's PCC functions; or

(d)contracted to work for, or otherwise employed by, the chief officer of police;”.

REACH Enforcement Regulations 2008_I78

^M13249.—(1) The REACH Enforcement Regulations 2008 are modified as follows.

(2) In paragraph 5(c) of Part 3 of Schedule 3, for “local policing body” substitute “ the Combined Authority in relation to the Mayor's PCC functions ” .

Elected Local Policing Bodies (Specified Information) Order 2011_I79

^M13350.—(1) The Elected Local Policing Bodies (Specified Information) Order 2011 is modified as follows.

(2) In article 1(2)—

(a) for the definition of “election” substitute—

““election” means an election for the return of a Mayor;”;

(b) in the definition of “relevant office holder”, for “deputy police and crime commissioner” substitute “ deputy mayor for policing and crime ” ;

(c) for the definition of “senior employee”, substitute—

““senior employee” means a member of staff of the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions and whose salary exceeds £50,000;”; and

(d) for the definition of “staff”, substitute—

““staff” means members of staff employed by the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions but does not include the deputy mayor for policing and crime.”.

(3) In the Schedule—

(a)in paragraph 2—

(i) omit the first reference to “of the elected local policing body”;

(ii) for each of the remaining two references to “elected local policing body” substitute “ Combined Authority ” ;

(b)^M134in paragraph 3 —

(i)for sub-paragraph (b), substitute—

“(b)the PCC component;”;

(ii) in sub-paragraph (c), for “the precept” substitute “ the PCC component ” ;

(c)^M135in paragraph 4 —

(i) for the first reference to “elected local policing body”, substitute “ Combined Authority in relation to the Mayor's PCC functions ” ;

(ii) in sub-paragraph (a), for “by, or occupied for the purposes of” substitute “ by the Combined Authority in relation to the Mayor's PCC functions, or occupied for the purpose of ” ;

(iii) in sub-paragraphs (b) and (c), for “£10,000” substitute “ £5,000 ” ;

(iv)for sub-paragraph (d), substitute—

“(d)a list of every contract with a value not exceeding £5,000 —

(i)which the Mayor has entered into, or is to enter into, on behalf of the Combined Authority in relation to the Mayor's PCC functions; or

(ii)to which the chief officer of the police force maintained by the Mayor is, or is to be, a party,

including the value of the contract, the identity of every other party to the contract and the purpose of the contract.”.

Policing Protocol Order 2011_I80

^M13651.—(1) The Policing Protocol Order 2011 is modified as follows.

(2) In the Schedule—

(a) in paragraph 5, for “each PCC” substitute “ the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions ” ;

(b)for paragraph 13, substitute—

“13. Chief Constables are established in law as corporations sole within the 2011 Act. In doing so Chief Constables are enabled by law to employ staff and hold funds. Chief Constables are charged with the impartial direction and control of all constables and staff within the police force that they lead.

13A. The staff of the Combined Authority deployed wholly or partly in relation to the Mayor's PCC functions are accountable to the directly elected Mayor to enable the Mayor to exercise their PCC functions.”;

(c) in paragraph 16, for “precept” substitute “ PCC component ” ;

(d) in paragraph 17(d), for “precept” substitute “ PCC component ” ;

(e)in paragraph 24—

(i) in sub-paragraph (a), for “precept” substitute “ PCC component ” ;

(ii) in sub-paragraph (h), for “incapacitated, resigns or is disqualified” substitute “ suspended from the exercise of PCC functions ” ;

(iii)omit sub-paragraph (i);

(f)after paragraph 24, insert—

“24A. Complaints against the Mayor and deputy mayor for policing and crime (if that person is a member of the Combined Authority) will be dealt with in accordance with the Combined Authority's existing standards regime, which operates under local government legislation. Serious complaints and conduct matters must be passed to the Director General of the Independent Office for Police Conduct in line with legislation.”.

Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012_I81

^M13752.—(1) The Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012 are modified as follows.

(2) In regulation 2—

(a) after the definition of “document”, insert—

““head of paid service” means the head of paid service designated by the Combined Authority under section 4(1)(a) of the Local Government and Housing Act 1989 ^M138;”;

(b) in the definition of “police and crime panel”, in paragraph (a), for “deputy police and crime commissioner” substitute “ deputy mayor for policing and crime ” ;

(c) in the definition of “relevant office”, for paragraph (b) substitute—

“(b)deputy mayor for policing and crime;”.

(3) In regulation 7—

(a)for paragraph (1)(a), substitute—

“(a)the monitoring officer appointed by the Combined Authority under section 5(1)(a) of the Local Government and Housing Act 1989;”;

(b) in paragraph (2), omit “a chief executive or”;

(c)for paragraph (3), substitute—

“(3) Where the police and crime panel delegates powers or duties conferred or imposed by or under regulation 9 (notification and recording of complaints), 11 (notification and recording of conduct matters arising in civil proceedings) or 12 (recording of conduct matters in other cases) to the monitoring officer appointed by the Combined Authority, the monitoring officer shall notify the head of paid service of any complaint or conduct matter considered by the monitoring officer in accordance with those regulations.”.

(4) In regulation 15(3)(a), for “the office holder's staff” substitute “ staff deployed by the Combined Authority wholly or partly in relation to the Mayor's PCC functions ” .

(5) In regulation 28(1)—

(a)omit paragraph (a);

(b)for paragraph (b), substitute—

“(b)the deputy mayor for policing and crime who is not a member of the Combined Authority at the time when the complaint is recorded;”.

(6) For regulation 29, substitute—

Resolution in accordance with the Combined Authority's code of conduct

29.—(1) If a complaint to which this Part applies concerns the conduct of—

(a)the Mayor; or

(b)the deputy mayor for policing and crime who is a member of the Combined Authority at the time when the complaint is recorded, the police and crime panel shall pass the complaint to the monitoring officer appointed by the Combined Authority under section 5(1)(a) of the Local Government and Housing Act 1989 (“the monitoring officer”).

(2) On receiving a complaint in accordance with paragraph (1), the monitoring officer shall deal with it in accordance with the Combined Authority's code of conduct adopted under section 27(2) of the Localism Act 2011 ^M139.

(3) The monitoring officer shall as soon as practicable inform the police and crime panel of the outcome of the complaint.”.

Police Appeals Tribunals Rules 2012_I82

^M14053.—(1) The Police Appeals Tribunals Rules 2012 are modified as follows.

(2) In rule 15(4) for “relevant local policing body” substitute “ Combined authority ” .

Police and Crime Commissioner (Disqualification) (Supplementary Provisions) Regulations 2012_I83

^M14154.—(1) The Police and Crime Commissioner (Disqualification) (Supplementary Provisions) Regulations 2012 are modified as follows.

(2) In regulation 3(2)—

(a) in sub-paragraph (c), omit “or”;

(b) in sub-paragraph (d), after “(c)” insert “ , or ” ;

(c)after sub-paragraph (d) insert—

“(e)the Combined Authority.”.

Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 2012_I84

^M14255.—(1) The Police and Crime Panels (Precepts and Chief Constable Appointments) Regulations 2012 are modified as follows.

(2) In regulation 4(2), for “may issue the proposed precept as the precept” substitute “ may determine that the proposed PCC component is the final amount of the PCC component ” .

(3) In regulation 5(2), for “precept that he now proposes to issue” substitute “ PCC component that he now proposes to determine ” .

(4) In regulation 6(2)—

(a) in sub-paragraph (a), for “issuing the revised precept as the precept” substitute “ finalising the revised precept as the PCC component to be determined ” ;

(b) in sub-paragraph (b), for “precept that should be issued” substitute “ PCC component that should be determined ” .

(5) In regulation 7 (police and crime commissioner's consideration of second report) , for “1st March” substitute “ the penultimate working day in February ” .

(6) In regulation 8—

(a)in paragraph (2)—

(i) in sub-paragraph (a), for “issue the revised precept as the precept” substitute “ finalise the revised precept as the PCC component to be determined ” ;

(ii) in sub-paragraph (b), for “issue a different precept” substitute “ finalise a different amount of the PCC component ” ;

(b)in paragraph (3)—

(i) in sub-paragraph (a), for “issue a precept” substitute “ finalise the PCC component ” ;

(ii) in sub-paragraph (b), for “issue a precept” substitute “ finalise the PCC component ” .

Local Government Pension Scheme Regulations 2013_I85

^M14356.—(1) The Local Government Pension Scheme Regulations 2013 are modified as follows.

(2) After regulation 64(8), insert—

“(8A) Paragraph (8B) applies where the exiting employer is the Police and Crime Commissioner for the area and the liabilities of the fund in respect of benefits due to the Commissioner's current and former employees (or those of any predecessor authority) have been or are to be transferred to the Combined Authority by virtue of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021.

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

Local Audit (Auditor Resignation and Removal) Regulations 2014_I86

^M14457.—(1) The Local Audit (Auditor Resignation and Removal) Regulations 2014 are modified as follows.

(2) In regulation 2—

(a) in paragraph (3), for “police and crime commissioner” substitute “ Combined Authority ” ;

(b) in paragraph (4), for “a police and crime commissioner” substitute “ the Combined Authority in relation to the Mayor's PCC functions ” .

Combined Authorities (Mayors) (Filling of Vacancies) Order 2017_I87

^M14558.—(1) The Combined Authorities (Mayors) (Filling of Vacancies) Order 2017 is modified as follows.

(2) In article 4(d)—

(a) omit “or” at the end of paragraph (ii);

(b) insert “ or ” at the end of paragraph (iii);

(c)after paragraph (iii), insert—

“(iv)the mayor ceasing to hold office by virtue of section 63 of the Police Reform and Social Responsibility Act 2011;”.

Police Appeals Tribunals Rules 2020_I88

^M14659.—(1) The Police Appeals Tribunals Rules 2020 are modified as follows.

(2) In rule 19(4)(c) and (d) for “relevant local policing body” substitute “ Combined Authority ” .

Article 35(3)

SCHEDULE 6 Exclusion of legislation from application to the Combined Authority Mayor with policing and crime functions

Primary legislation_{I89,I90,I91,I92,I93,I94,I95,I96,I97,I98,I99,I100,I101,I102,I103,I104,I105,I106,I107,I108,I109,I110,I111}

^M1471. Section 28 of the Leasehold Reform Act 1967 .

^M1482. The following provisions of the Local Government Act 1972 —

(a) section 102(6) to (11);

(b) section 223(2);

(c) paragraph 6ZA of Part 1 of Schedule 12.

^M1493. Section 5(3)(baa) of the Rent (Agriculture) Act 1976 .

^M1504. Section 14(1)(caa) of the Rent Act 1977 .

^M1515. Sections 95, 96A, 97 and 98 of the Local Government, Planning and Land Act 1980 .

^M1526. Sections 33 and 41 of the Local Government (Miscellaneous Provisions) Act 1982 .

^M1537. Sections 13AB(8)(f) and 13B(4)(g) of the Representation of the People Act 1983 .

^M1548. Section 60 of the County Courts Act 1984 .

^M1559. Sections 80(1), 157(1), 171(2) and 573(1) of, and paragraph 2(1) of Schedule 1, grounds 7 and 12 in Schedule 2, ground 5 in Schedule 3, paragraph 7(1) of Schedule 4 and paragraph 5(1)(b) of Schedule 5 to, the Housing Act 1985 .

^M15610. Section 38 of the Landlord and Tenant Act 1985 .

^M15711. Section 7 of the Local Government Act 1986 .

^M15812. Section 58 of the Landlord and Tenant Act 1987 .

^M15913. Paragraph 12(2)(g) of Schedule 1 to the Housing Act 1988 .

^M16014. Sections 111, 113, 114 and 114A of the Local Government Finance Act 1988 .

^M16115. Section 39 of the Local Government Finance Act 1992 .

^M16216. Section 33 of the Value Added Tax Act 1994 .

^M16317. Section 94 of the Police Act 1996 .

^M16418. Paragraph 57 of Schedule 1 to the Freedom of Information Act 2000 .

^M16519. Sections 21 and 22 of the Local Government Act 2003 .

^M16620. The following provisions of the Fire and Rescue Services Act 2004 —

(a) section 3(7) and (9);

(b) section 4A;

(c) Schedules A1 and A2.

^M16721. The following provisions of the Police Reform and Social Responsibility Act 2011 —

(a) section 1, subsections (1) to (4);

(b)^M168 sections 50 to 61 ;

(c) section 69;

(d) sections 71 to 75;

(e) section 102(3);

(f) Schedule 1, paragraphs 2, 3, 5(1), 6(1), (2) and (4), and 7;

(g) Schedule 6, paragraphs 33 to 35;

(h) Schedules 9 and 10.

^M16922. Paragraph 19 of Schedule 2 to the Local Audit and Accountability Act 2014 .

^M17023. Sections 5(7)(a) and (9)(a) of, and paragraph 92 of Schedule 1 to, the Policing and Crime Act 2017 .

Secondary legislation_{I112,I113,I114,I115,I116,I117,I118}

^M17124. The Police and Crime Commissioner Elections (Declaration of Acceptance of Office) Order 2012 .

^M17225. The Police and Crime Commissioner Elections (Functions of Returning Officers) Regulations 2012 .

^F3726. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^M17327. The Police and Crime Commissioner Elections Order 2012 .

^F3828. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^M17429. Article 7 of the Chancellor of the Duchy of Lancaster Order 2015 .

^M17530. The Police and Crime Commissioner Elections Order 2015 .

^M17631. The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 .

^F3932. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F4033. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F4134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^M17735. The Police and Crime Commissioner Elections (Amendment) Order 2016 .

^F4236. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F4337. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F4438. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 44

SCHEDULE 7 _I119

“SCHEDULE 1 Constitution

Membership

1.—(1) Subject to sub-paragraph (3), the Combined Authority shall comprise ten members in addition to the Mayor as provided for in the following sub-paragraphs.

(2) Each of the constituent councils shall appoint one of its elected members as a member of the Combined Authority.

(3) The constituent councils shall agree the appointment of another elected member from three of the constituent councils, so that the constituent council members taken as a whole reflect so far as reasonably practicable the balance of political parties for the time being prevailing among members of the constituent councils; in the absence of such agreement no members shall be appointed under this sub-paragraph.

(4) The non-constituent council shall appoint one of its elected members to be a member of the Combined Authority.

(5) Each constituent council and the non-constituent council shall appoint another of its elected members to act as a member of the Combined Authority in the absence of the members appointed under sub-paragraphs (2) to (4) (“the substitute member”).

(6) The substitute members for members appointed under sub-paragraph (3) must be appointed jointly by the constituent councils.

(7) The Leeds City Region Enterprise Partnership shall nominate one of its members to be a member of the Combined Authority (“Local Enterprise Partnership Member”).

(8) The Leeds City Region Enterprise Partnership shall nominate another of its members to act as a member of the Combined Authority in the absence of the member appointed under sub-paragraph (7) (“the substitute member”).

(9) For the purposes of this Schedule any reference to a member is to be treated as including a reference to the Local Enterprise Partnership Member and substitute member.

(10) A person ceases to be a member or substitute member of the Combined Authority if they cease to be—

(a)a member of the constituent council or non-constituent council that appointed them; or

(b)a member of the Local Enterprise Partnership that nominated them.

(11) A person may resign as a member or substitute member of the Combined Authority by written notice served on the proper officer of the council, Combined Authority or the chair or vice-chair of the Local Enterprise Partnership (as the case may be) of—

(a)the constituent council or non-constituent council that appointed them; or

(b)the Local Enterprise Partnership that nominated them,

and the resignation shall take effect on receipt of the notice by the proper officer of the council, Combined Authority or chair or vice-chair of the Local Enterprise Partnership (as the case may be).

(12) Where a member or substitute member's appointment ceases by virtue of sub-paragraph (10) or (11)—

(a)the constituent council or the non-constituent council that made the appointment shall, as soon as practicable, give written notice of that fact to the Combined Authority and appoint another of its elected members in that person's place;

(b)the Local Enterprise Partnership must, as soon as practicable, give written notice of that fact to the Combined Authority and nominate another of its members in that person's place.

(13) The Combined Authority shall appoint a member nominated under sub-paragraph (12)(b) at the next ordinary meeting of the Combined Authority.

(14) A constituent council or the non-constituent council may at any time terminate the appointment of a member or substitute member appointed by it to the Combined Authority and appoint another of its elected members in that person's place.

(15) The appointment of the members and substitute members for members appointed under sub paragraph (3) can only be terminated jointly by the constituent councils.

(16) Where a constituent council or the non-constituent council exercises its power under sub-paragraphs (14) and (15), it shall give written notice of the new appointment and the termination of the previous appointment to the Combined Authority and the new appointment shall take effect and the previous appointment terminate at the end of one week from the date on which the notice is given or such longer period not exceeding one month as is specified in the notice.

(17) The Local Enterprise Partnership may at any time terminate the appointment of a member or substitute member nominated by it to the Combined Authority and nominate another of its members in that person's place.

(18) Where the Local Enterprise Partnership exercises its power under sub-paragraph (17), it shall give written notice of the new nomination and the termination of the previous appointment to the Combined Authority.

(19) The Combined Authority shall appoint a member nominated under sub-paragraph (18) and the new appointment shall take effect and the previous appointment terminate at the end of one week from the date on which the notice is given or such longer period not exceeding one month as is specified in the notice.

(20) For the purposes of this paragraph, an elected mayor of a constituent council or non-constituent council is to be treated as a member of the constituent council or non-constituent council.

Chairman and vice-chairman

2.—(1) For the period up until the Mayor begins their term of office in accordance with article 3(4) of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021, the Combined Authority must appoint a chairman and a vice chairman from amongst its members.

(2) A person ceases to be chairman or vice-chairman of the Combined Authority if they cease to be a member of the Combined Authority.

(3) If a vacancy arises in the office of chairman or vice-chairman, an appointment to fill the vacancy is to be made at the next ordinary meeting of the Combined Authority or, if that meeting is to be held within 14 days of the vacancy arising, at the meeting following that meeting.

Proceedings

3.—(1) Subject to the following sub-paragraphs, any questions that are to be decided by the Combined Authority are to be decided by a majority of the members and substitute members, acting in place of members, present and voting on that question at a meeting of the Combined Authority.

(2) For the period up until the Mayor begins their term of office in accordance with article 3(4)(a) of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 no business shall be transacted at a meeting of the Combined Authority unless at least three members, or substitute members acting in their place, appointed by the constituent councils are present.

(3) Upon the Mayor beginning their term of office in accordance with article 3(4)(a) of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021, no business shall be transacted at a meeting of the Combined Authority unless the Mayor or the deputy mayor acting in place of the Mayor and at least three members of the Combined Authority appointed by constituent councils under paragraph 1(2) or the substitute member acting in their place are present.

(4) Where the deputy mayor is acting in the place of the Mayor they cannot also act in their capacity as a member of the Combined Authority.

(5) The substitute member for the deputy mayor may act in the capacity of a member of the Combined Authority when the deputy mayor is acting in the place of the Mayor.

(6) Each member appointed by a constituent council, or substitute member acting in that member's place, is to have one vote and no member or substitute member is to have a casting vote.

(7) If a vote is tied on any matter it shall be deemed not to have been carried.

(8) Members appointed by the non-constituent council, the Local Enterprise Partnership Member and non-constituent council and Local Enterprise Partnership substitute members shall be non-voting members of the Combined Authority.

(9) Proposals for decisions by the Combined Authority may be put forward by the Mayor or any member of the Combined Authority.

(10) Questions relating to functions of the Combined Authority conferred by the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 and not solely exercisable by the Mayor pursuant to article 27 cannot be carried without the Mayor's vote in favour of the question.

(11) The following decisions of the Combined Authority require those voting in favour to include at least three members appointed under paragraph 1(2) or the substitutes acting in their place—

(a)approving the Combined Authority's budget; and

(b)issuing the levy pursuant to article 29(5) of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021.

(12) ^M178Reference to a two thirds majority in article 8(4) of the Combined Authorities (Finance) Order 2017 is to be read as reference to a five eights majority.

(13) Any decision of the Mayor which gives rise to a financial liability for a constituent council requires the consent of the member appointed by that constituent council or the substitute member acting in their place.

(14) The proceedings of the Combined Authority shall not be invalidated by any vacancy among its members or substitute members or by any defect in the appointment or qualifications of any member or substitute member.

Committees

4.—(1) The Combined Authority shall appoint one or more committees as an overview and scrutiny committee or, as the case may be, committees of the Combined Authority.

(2) The Combined Authority shall appoint at least one member of each of the constituent councils and the non-constituent council to an overview and scrutiny committee appointed by the Combined Authority.

(3) Members appointed from the non-constituent council to an overview and scrutiny committee of the Combined Authority, and members appointed from the non-constituent council or the Local Enterprise Partnership to any other committee or sub-committee of the Combined Authority, shall be non-voting members of the committee or sub-committee but may be given voting rights by resolution of the Combined Authority.

Records

5.—(1) The Combined Authority must make arrangements for the names of members and substitute members present at any meeting to be recorded.

(2) Minutes of the proceedings of a meeting of the Combined Authority, or any committee or sub-committee of the Combined Authority, are to be kept in such form as the Combined Authority may determine.

(3) Any such minutes are to be signed at the same or next suitable meeting of the Combined Authority, committee or sub-committee as the case may be, by the person presiding at that meeting.

(4) Any minute purporting to be signed as mentioned in sub-paragraph (3) shall be received in evidence without further proof.

(5) Until the contrary is proved, a meeting of the Combined Authority, committee or subcommittee, a minute of whose proceedings has been signed in accordance with this paragraph, is deemed to have been duly convened and held, and all the members and substitute members present at the meeting are deemed to have been duly qualified.

(6) For the purposes of sub-paragraph (3) the next suitable meeting is the next following meeting or, where standing orders made by the Combined Authority provide for another meeting of the authority, committee or sub-committee to be regarded as suitable, either the next following meeting or that other meeting.

Standing orders

6. The Combined Authority may make standing orders for the regulation of its proceedings and business and may vary or revoke any such orders.

Remuneration

7. Subject to paragraphs 8, 9 and 10 no remuneration is to be payable by the Combined Authority to its members, other than allowances for travel and subsistence paid in accordance with a scheme approved by the Combined Authority.

8.—(1) The Combined Authority may establish an independent remuneration panel who may make recommendations to the Combined Authority regarding the allowances payable to—

(a)the Mayor; and

(b)the deputy mayor provided that the deputy mayor is not a leader or elected mayor of a constituent or non-constituent council or the Chair of the Local Enterprise Partnership.

(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.

9. The Combined Authority may only pay an allowance to the Mayor or the deputy mayor if—

(a)the Combined Authority has considered a report published by the independent remuneration panel established under paragraph 8(1) 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.

10. The Combined Authority must consider a report from the independent remuneration panel before approving a scheme under paragraph 7.”