# The West Yorkshire Combined Authority Order 2014

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Statutory Instruments

# 2014 No. 864

Local Government, England

Transport, England

# The West Yorkshire Combined Authority Order 2014

Made

31st March 2014

Coming into force in accordance with article 1

This Order is made in exercise of the powers conferred by section 85 of the Transport Act 1985(1), sections 84, 91 and 93 of the Local Transport Act 2008(2) and sections 103 to 105 and 114 to 116 of the Local Democracy, Economic Development and Construction Act 2009(3).                        

The Secretary of State, having regard to a scheme prepared and published under section 82 of the Local Transport Act 2008                           and section 109 of the Local Democracy, Economic Development and Construction Act 2009, considers that the making of this                           Order is likely to improve –                        

(a)the exercise of statutory functions relating to transport in the area to which this Order relates,                        

(b)the effectiveness and efficiency of transport in that area,                        

(c)the exercise of statutory functions relating to economic development and regeneration in that area, and                        

(d)economic conditions in that area.                        

The Secretary of State is satisfied that the area to which this Order relates meets the conditions set out in section 103                           of the Local Democracy, Economic Development and Construction Act 2009.                        

The Secretary of State has consulted—

(a)the metropolitan district councils for the area comprised in the West Yorkshire integrated transport area,                        

(b)the West Yorkshire Integrated Transport Authority,                        

(c)such other persons as the Secretary of State considered appropriate.                        

The councils whose areas are comprised in the West Yorkshire integrated transport area have consented to the making of this                           Order.                        

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

A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section                           85 of the Transport Act 1985, section 94 of the Local Transport Act 2008 and section 117 of the Local Democracy, Economic                           Development and Construction Act 2009.                        

Accordingly, the Secretary of State makes the following Order:

## PART 1E+WGeneral

### Citation and commencementE+W

1.—(1) This Order may be cited as the West Yorkshire Combined Authority Order 2014.                  

(2) Article 8(1) and (2) shall come into force on the day after the day on which this Order is made and the other provisions of                     this Order shall come into force immediately afterwards.                  

Commencement Information

I1Art. 1 in force at 1.4.2014, see **art. 1(2)**

### InterpretationE+W

2.  In this Order—                  

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

“combined area” means the area consisting of the areas of the constituent councils;

“the Combined Authority” means the West Yorkshire Combined Authority constituted by article 3;

“the commencement date” means the date on which this Order comes into force;

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

“the Executive” has the meaning given by article 8(1);

“financial year” means the period of 12 months ending with 31st March in any year;

“the ITA” means the West Yorkshire Integrated Transport Authority;

“Local Enterprise Partnership” means the Board of the Leeds City Region Local Enterprise Partnership; and

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

Commencement Information

I2Art. 2 in force at 1.4.2014, see **art. 1(2)**

## PART 2E+WEstablishment of a combined authority for West Yorkshire

### EstablishmentE+W

3.—(1) There is established a combined authority for the combined area.                  

(2) The combined authority is to be a body corporate and to be known as the West Yorkshire Combined Authority.

(3) The functions of the Combined Authority are those functions conferred or imposed upon it by this Order or by any other enactment                     (whenever passed or made), or as may be delegated to it by or under this Order or any other enactment (whenever passed or                     made).                  

Commencement Information

I3Art. 3 in force at 1.4.2014, see **art. 1(2)**

### ConstitutionE+W

4.  Schedule 1 (which makes provision about the constitution of the Combined Authority) has effect.                  

Commencement Information

I4Art. 4 in force at 1.4.2014, see **art. 1(2)**

### FundingE+W

5.—(1) The constituent councils must meet the costs of the Combined Authority reasonably attributable to the exercise of its functions                     relating to economic development and regeneration.                  

(2) The amount payable by each of the constituent councils is to be determined by apportioning the costs of the Combined Authority                     referred to in paragraph (1) between the constituent councils in such proportions as they may agree or, in default of such                     agreement, in proportion to the total resident population at the relevant date of the area of each council concerned as estimated                     by the Registrar General.                  

(3) For the purposes of paragraph (2) 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 current financial year.                  

Commencement Information

I5Art. 5 in force at 1.4.2014, see **art. 1(2)**

## PART 3E+WTransport

### Abolition and transfer of functionsE+W

6.—(1) The West Yorkshire integrated transport area is dissolved and the ITA is abolished.                  

(2) On the abolition of the ITA—

(a)its functions; and                  

(b)its property, rights and liabilities,                  

are transferred to the Combined Authority.

Commencement Information

I6Art. 6 in force at 1.4.2014, see **art. 1(2)**

### Adaptation of enactmentsE+W

7.—(1) This article has effect in consequence of article 6.                  

(2) In any enactment (whenever passed or made)—

(a)any reference to an integrated transport area; or                  

(b)any reference which falls to be read as a reference to such an area,                  

is to be treated as including a reference to the combined area.

(3) In any enactment (whenever passed or made)—

(a)any reference to an integrated transport authority; or                  

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

is to be treated as including a reference to the Combined Authority.

(4) Paragraphs (2) and (3) do not apply to Part 2 of the Transport Act 1968 which is amended in accordance with Schedule 2.

Commencement Information

I7Art. 7 in force at 1.4.2014, see **art. 1(2)**

### Passenger Transport ExecutiveE+W

8.—(1) In this Order “the Executive” means the West Yorkshire Passenger Transport Executive established by the West Yorkshire Passenger Transport Area (Establishment of Executive) Order 1973(4).                  

(2) The Executive shall be dissolved and all functions, property, rights and liabilities of the Executive shall be transferred                     to the ITA.                  

(3) Subject to article 7(4) and Schedule 2 and to the following provisions of this article, any reference in any enactment (whenever                     passed or made) to a passenger transport executive or to passenger transport executives is to be treated, in its application                     to the combined area, as if it were a reference to the Combined Authority.                  

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

(a)in the Audit Commission Act 1998(5)—                  

(i)section 11(2)(g);                  

(ii)section 30(1) and (3); and                  

(iii)in Schedule 2, paragraph 4;                  

(b)paragraph 28 of Schedule 1 to the Freedom of Information Act 2000(6);                  

(c)Schedule 2 to the Local Government Act 1988(7);                  

(d)section 33 of the Railways Act 2005(8);                  

(e)sections 95, 96, 97, 104(2) and (3) and 137(5) of the Transport Act 1985; and                  

(f)section 162(4) of the Transport Act 2000.                  

(5) The West Yorkshire Passenger Transport Area (Establishment of Executive) Order 1973 is revoked.

Commencement Information

I8Art. 8 in force at 1.4.2014, see **art. 1(2)**

### ContinuityE+W

9.—(1) Nothing in article 6, 7 or 8 affects the validity of anything done by or in relation to the ITA or the Executive before the                     commencement date.                  

(2) 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 to the Combined Authority; and                  

(b)is in the process of being done by or in relation to the ITA or the Executive immediately before the commencement date.                  

(3) Anything which—

(a)was made or done by or in relation to the ITA or the Executive 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 the transfer takes effect,                  

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

(4) The Combined Authority shall be substituted for the ITA or, where appropriate, the Executive 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 the transfer takes effect.                  

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

(6) Without prejudice to the generality of this article a levy issued by the ITA under section 74 of the Local Government Finance                     Act 1988(9) and in accordance with the Transport Levying Bodies Regulations 1992(10) to the constituent councils in respect of the financial year beginning 1st April 2014 has effect for that year from and after                     the commencement date as if it had been so issued by the Combined Authority.                  

Commencement Information

I9Art. 9 in force at 1.4.2014, see **art. 1(2)**

## PART 4E+WAdditional functions

### Economic development and regeneration functionsE+W

10.—(1) The functions of the constituent councils set out in Schedule 3 are exercisable by the Combined Authority in relation to its                     area.                  

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

(3) Any requirement in any enactment for a constituent council to exercise such a function may be fulfilled by the exercise of                     that function by the Combined Authority.                  

Commencement Information

I10Art. 10 in force at 1.4.2014, see **art. 1(2)**

### Incidental provisionsE+W

11.  The following provisions shall have effect as if the Combined Authority were a local authority for the purposes of these provisions—                  

(a)section 142(2) of the Local Government Act 1972(11) (the power to arrange for publication of information etc. relating to the functions of the authority); and                  

(b)section 222 of the Local Government Act 1972 (the power to prosecute and defend legal proceedings).                  

Commencement Information

I11Art. 11 in force at 1.4.2014, see **art. 1(2)**

12.—(1) The Combined Authority shall have the power to exercise any of the functions described in subsection (1)(a) and (b) of section                     88 of the Local Government Act 1985(12) (research and collection of information) whether or not a scheme is made under that section.                  

(2) For the purposes of paragraph (1) of this article, paragraphs (a) and (b) of section 88(1) of the Local Government Act 1985                     shall have effect as if a reference to “that area” were a reference to the combined area.                  

Commencement Information

I12Art. 12 in force at 1.4.2014, see **art. 1(2)**

13.  Section 13 of the Local Government and Housing Act 1989(13) (voting rights of members of certain committees) shall have effect as if—                  

(a)in subsection (4) after paragraph (h) there were inserted—                  

“(i)subject to subsection (4A), a committee appointed by the West Yorkshire Combined Authority;”; and                  

(b)after subsection (4) there were inserted—                  

“(4A)A person who is a member of a committee falling within paragraph (i) of subsection (4) or a sub-committee appointed by such                        a committee shall for all purposes be treated as a non-voting member of that committee or sub-committee unless that person—                  

(a)is a member of one of the constituent councils as defined by article 2 of the West Yorkshire Combined Authority Order 2014;                           or                  

(b)is given voting rights by resolution of the Combined Authority in accordance with paragraph 4(6) of Schedule 1 to that Order.”.                  

Commencement Information

I13Art. 13 in force at 1.4.2014, see **art. 1(2)**

Signed on behalf of the Secretary of State for Communities and Local Government

Brandon Lewis

Parliamentary Under Secretary of State

Department for Communities and Local Government

31st March 2014

Article 4

## SCHEDULE 1E+WConstitution

### MembershipE+W

1.—(1) Subject to sub-paragraph (3), the Combined Authority shall comprise ten members 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 Local Enterprise Partnership shall nominate one of its members to be a member of the Combined Authority (“Local Enterprise                     Partnership Member”).                  

(7) The Local 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 (6).                  

(8) The Combined Authority shall appoint a member nominated by the Local Enterprise Partnership as a member of the Combined Authority                     (“Local Enterprise Partnership Member”).                  

(9) The Combined Authority shall appoint another member nominated by the Local Enterprise Partnership to act as a member of the                     Combined Authority in the absence of the member appointed under sub-paragraph (8) (“the substitute member”).                  

(10) 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.                  

(11) 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.                  

(12) 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 or the chairman or vice-chairman 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 or chairman or vice-chairman                     of the Local Enterprise Partnership (as the case may be).                  

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

(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.                  

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

(15) 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.                  

(16) Where a constituent council or the non-constituent council exercises its power under sub-paragraph (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.                  

Commencement Information

I14Sch. 1 para. 1 in force at 1.4.2014, see **art. 1(2)**

### Chairman and vice-chairmanE+W

2.—(1) The Combined Authority must in each year appoint a chairman and a vice chairman from among its members and the appointments                     are to be the first business transacted after the appointment of members at the first meeting of the Combined Authority and                     in subsequent years at the annual meeting of the Combined Authority.                  

(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.                  

Commencement Information

I15Sch. 1 para. 2 in force at 1.4.2014, see **art. 1(2)**

### ProceedingsE+W

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) No business shall be transacted at a meeting of the Combined Authority unless at least three members or substitute members                     appointed by the constituent councils are present.                  

(3) Each member, 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.                  

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

(5) Members appointed by the non-constituent council or appointed from the Local Enterprise Partnership shall be non-voting members                     of the Combined Authority.                  

(6) 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.                  

Commencement Information

I16Sch. 1 para. 3 in force at 1.4.2014, see **art. 1(2)**

### CommitteesE+W

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) An overview and scrutiny committee appointed by the Combined Authority may not include any member of the Combined Authority.

(4) Each member of the overview and scrutiny committee appointed from the constituent councils is to have one vote and no member                     is to have a casting vote.                  

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

(6) Members appointed from the non-constituent council to the 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.                  

(7) An overview and scrutiny committee appointed by the Combined Authority shall have the power to—

(a)invite members or substitute members of the Combined Authority, to attend before it to answer questions;                  

(b)invite other persons, including members of the public, to attend meetings of the committee;                  

(c)review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are the                        responsibility of the Combined Authority;                  

(d)make reports or recommendations to the Combined Authority with respect to the discharge of any functions which are the responsibility                        of the Combined Authority.                  

(8) The power to review or scrutinise a decision made but not implemented under sub-paragraph (7)(c) includes the power to recommend                     that the decision be reconsidered by the Combined Authority.                  

(9) Where an overview and scrutiny committee appointed by the Combined Authority makes a report or recommendation under sub-paragraph                     (7)(d) the committee may—                  

(a)publish the report or recommendations;                  

(b)by notice in writing require the Combined Authority to—                  

(i)consider the report or recommendations;                  

(ii)respond to the overview and scrutiny committee indicating what (if any) action the Combined Authority proposes to take;                  

(iii)if the overview and scrutiny committee has published the report or recommendations under paragraph (a), publish the response.                  

(10) A notice served under sub-paragraph (9)(b) must require the Combined Authority to comply with it within two months beginning                     with the date on which the Combined Authority received the reports or recommendations or (if later) the notice.                  

(11) The Combined Authority shall comply with a notice given under sub-paragraph (9)(b).

(12) Sub-paragraphs (9)(a) and (11) are subject to section 9FG of the Local Government Act 2000 and to any provision made under                     section 9GA(8)(14) and the Combined Authority shall be treated as a local authority for these purposes.                  

Commencement Information

I17Sch. 1 para. 4 in force at 1.4.2014, see **art. 1(2)**

### RecordsE+W

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 sub-committee, 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.                  

Commencement Information

I18Sch. 1 para. 5 in force at 1.4.2014, see **art. 1(2)**

### Standing ordersE+W

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

Commencement Information

I19Sch. 1 para. 6 in force at 1.4.2014, see **art. 1(2)**

### RemunerationE+W

7.  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 drawn up by the Combined Authority.                  

Commencement Information

I20Sch. 1 para. 7 in force at 1.4.2014, see **art. 1(2)**

Article 7(4)

## SCHEDULE 2E+WModification of Part 2 of the Transport Act 1968

1.  The Transport Act 1968(15) is amended as follows.E+W

Commencement Information

I21Sch. 2 para. 1 in force at 1.4.2014, see **art. 1(2)**

2.—(1) Section 9 (areas, authorities and executives) is amended as follows.E+W

(2) In subsection (1)(c)—

(a)in sub-paragraph (i), after “England and Wales” there is inserted “(except as mentioned in sub-paragraph (ia))”;

(b)after sub-paragraph (i) there is inserted—

“(ia)in relation to the area of the West Yorkshire Combined Authority, that Authority;”.                  

(3) After subsection (6) there is inserted—

“(6A)This section applies in relation to the West Yorkshire Combined Authority as if—                  

(a)subsections (2) to (4) were omitted; and                  

(b)in subsection (5), the words “the Executive and any subsidiary of the Executive”. were omitted.”                  

Commencement Information

I22Sch. 2 para. 2 in force at 1.4.2014, see **art. 1(2)**

3.  In section 9A (general functions of Authorities and Executives), after subsection (11) there is inserted—E+W

“(12)This section applies to the West Yorkshire Combined Authority as if—                  

(a)the duty under subsection (3) were a duty for the Authority to secure the provision of such public passenger transport services                           as it considers appropriate for meeting any public transport requirements within its area which in the view of the Authority                           would not be met apart from any action taken by it for that purpose;                  

(b)subsection (3A) were omitted;                  

(c)in subsection (5)—                  

(i)the words “for the Executive of that area” were omitted;                  

(ii)for the words “by the Executive for that area, and the Executive” there were substituted “and”;                  

(d)in subsections (6) and (7), the references to the Executive were omitted.”                  

Commencement Information

I23Sch. 2 para. 3 in force at 1.4.2014, see **art. 1(2)**

4.  In section 10 (general powers of Executive), after subsection (9) there is inserted—E+W

“(10)This section applies to the West Yorkshire Combined Authority as if—                  

(a)in subsection (1)—                  

(i)in paragraph (xxiii), the words “subject, in the case of a disposal of land, to the approval of the Authority” were omitted,                           and                  

(ii)any other reference to the approval of the Authority were omitted;                  

(b)in subsection (7), the words “the approval of the Authority or” were omitted.”                  

Commencement Information

I24Sch. 2 para. 4 in force at 1.4.2014, see **art. 1(2)**

5.  In section 11 (financial duty of Executive), after subsection (3A) there is inserted—E+W

“(3B)Subsection (3A) applies to the West Yorkshire Combined Authority as if the words from “and the Authority” to “the application                        thereof” were omitted.”                  

Commencement Information

I25Sch. 2 para. 5 in force at 1.4.2014, see **art. 1(2)**

6.  In section 12 (borrowing powers of Executive), after subsection (7) there is inserted—E+W

“(8)This section does not apply to the West Yorkshire Combined Authority.”                  

Commencement Information

I26Sch. 2 para. 6 in force at 1.4.2014, see **art. 1(2)**

7.  In section 13 (power to make grants)—E+W

(a)the existing text is renumbered as subsection (1);

(b)after that subsection there is inserted—

“(2)This section does not apply to the West Yorkshire Combined Authority.”                  

Commencement Information

I27Sch. 2 para. 7 in force at 1.4.2014, see **art. 1(2)**

8.  In section 14 (accounts of Executive), after subsection (3) there is inserted—E+W

“(4)This section does not apply to the West Yorkshire Combined Authority.”                  

Commencement Information

I28Sch. 2 para. 8 in force at 1.4.2014, see **art. 1(2)**

9.  In section 15 (further functions of Authority), after subsection (7) there is inserted—E+W

“(8)This section does not apply to the West Yorkshire Combined Authority.”                  

Commencement Information

I29Sch. 2 para. 9 in force at 1.4.2014, see **art. 1(2)**

10.  In section 15A (additional provisions as to control of Executive by Authority), after subsection (3) there is inserted—E+W

“(4)This section does not apply to the West Yorkshire Combined Authority.”                  

Commencement Information

I30Sch. 2 para. 10 in force at 1.4.2014, see **art. 1(2)**

11.  In section 16 (publication of annual report by Authority and Executive and prevention of improper conduct of subsidiary activities),                     after subsection (2) there is inserted—E+W

“(2A)In its application to the West Yorkshire Combined Authority, subsection (2) has effect as if—                  

(a)the words “jointly by the Authority and the Executive” were omitted;                  

(b)“and the Executive” (in the second place) were omitted; and                  

(c)for “their respective” there were substituted “its”.”                  

Commencement Information

I31Sch. 2 para. 11 in force at 1.4.2014, see **art. 1(2)**

Article 10

## SCHEDULE 3E+WEconomic development and regeneration functions

1.  Such functions of the constituent authorities as are exercisable for the purpose of economic development and regeneration                     in reliance on the general power of competence under section 1 of the Localism Act 2011(16).E+W

Commencement Information

I32Sch. 3 para. 1 in force at 1.4.2014, see **art. 1(2)**

## EXPLANATORY NOTE

(This note is not part of the Order)

This order establishes the West Yorkshire Combined Authority.

Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (“the 2009 Act”) provides for the establishment                     of combined authorities for the areas of two or more local authorities in England. Combined authorities are bodies corporate                     which may be given power to exercise functions relating to transport and to economic development and regeneration in their                     area.                  

The Secretary of State may only establish a combined authority for an area where a scheme for such an authority has been published                     under section 109 of the 2009 Act. This order has been made following the publication of such a scheme on 31st July 2013 by                     the constituent councils whose areas together make up the combined area of the new authority. The scheme is available at www.awya.gov.uk/combinedauthority.                  

*Part 2* of the Order establishes the new authority, to be known as the West Yorkshire Combined Authority, and makes provision for                     its constitution and funding.                  

*Article 4* of and *Schedule 1* to the Order make provision for the constitution of the West Yorkshire Combined Authority. This is supplemental to the provision                     that is made by Part 1A of Schedule 12 to the Local Government Act 1972 (see paragraph (6A) of that Schedule, as amended by                     the 2009 Act).                  

*Article 5* makes provision for the funding, by the constituent councils, of those costs of the West Yorkshire Combined Authority that                     relate to the exercise of its economic development and regeneration functions.                  

*Part 3*concerns transport. *Article 6*abolishes the West Yorkshire integrated transport area and its integrated transport authority and transfers all functions                     rights and liabilities to the combined authority. *Article 7 and Schedule 2*make consequential adaptations to enactments. *Article 8*8 provides for the dissolution of the West Yorkshire Passenger Transport Executive and its merger into the West Yorkshire                     Integrated Transport Authority. In accordance with article 1(2) this takes effect immediately before the other provisions                     of the Order. Article 8 also makes general modifications to Acts referring to passenger transport executives and disapplies                     specified Acts.*Article 9* provides for continuity in the exercise of functions as between the abolished Integrated Transport Authority and Passenger                     Transport Executive and the Combined Authority.                  

*Part 4*confers additional functions on the West Yorkshire Combined Authority. *Article 10* confers functions of the constituent councils relating to economic development and regeneration. These are set out in Schedule                     3 to the Order and are to be exercised concurrently with the constituent councils. *Articles 11 to 12* make some general, incidental provisions relating to the West Yorkshire Combined Authority to enable it to carry out its                     functions effectively.                  

A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of business                     and the voluntary sector.                  

1

1985 c.67. Section 85 was amended by the Local Transport Act 2008 (c.26) Schedule 4, paragraphs 18 and 30 and by S.I. 2009/107.                           

2

2008 c.26.                           

3

2009 c.20.                           

4

S.I. 1973/1729.                           

5

1998 c. 18.                           

6

2000 c. 36. Paragraph 8 was substituted by the Local Transport Act 2008, Schedule 4, paragraph 64.                           

7

1988 c. 9.                           

8

2005 c. 14.                           

9

1988 c.41; section 74 was amended by the Local Government Finance Act 1992 (c. 14), Schedule 13, paragraph 72; the Local Government (Wales) Act 1994 (c. 19), Schedule 6, paragraph 21; the Environment Act 1995 (c. 25), Schedule 24; the Greater London Authority Act 1999 (c. 29) section 105; the Courts Act 2003 (c. 39), Schedule 8, paragraph 305(a); the Fire and Rescue Services Act 2004 (c. 21), Schedule 1, paragraph 68; the Local Government and Involvement in Public Health Act 2007 (c. 28), Schedule 1, paragraph 16; the Local Democracy, Economic Development and Construction Act 2009 (c. 20), Schedule 6, paragraphs 74 and 75 and Schedule 7, Part 4; the Police Reform and Social Responsibility Act 2011 (c. 13), Schedule 16, paragraph 182(a); the Localism Act 2011 (c. .20), Schedule 7, paragraphs 1, 2; and by S.I. 1994/2825.                           

10

S.I. 1992/2789, amended by S.I. 2012/213.                           

11

1972 c.70.                           

12

1985 c.51.                           

13

1989 c.42.                           

14

2000 c. 22. Sections 9FG and 9GA were inserted by the Localism Act 2011 (c. 20), section 21 and Schedule 2.                           

15

1968 c. 73; section 9 was amended by the Local Government (Scotland) Act 1973 (c. 65) Schedule 18, paragraph 1; by the Transport Act 1985 (c. 67) sections 57(1), 58(2), Schedule 3, paragraph 3, Schedule 8; by the Local Government (Scotland) Act 1994 (c. 39) Schedule 13, paragraph 80(2); and in relation to England and Wales only by the Local Transport Act 2008 (c. 26) section 98(4), Schedule 4, paragraph 2 and Schedule 7, Part 4 and by S.I. 2011/908.                           

16

2011 c.20.