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

PART 1General

Citation and commencement

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

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

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

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

Interpretation

2.  In this Order—

“the 1989 Act” means the Local Government and Housing Act 1989(1);

“the 1999 Act” means the Greater London Authority Act 1999(2);

“the 2000 Act” means the Transport Act 2000(3);

“the 2003 Act” means the Local Government Act 2003(4);

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

“the 2011 Act” means the Localism Act 2011(5);

“the 2011 Order” means the Greater Manchester Combined Authority Order 2011(6);

“the Area” means the area of the GMCA;

“constituent councils” means the district councils for the local government areas of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford and Wigan;

“Corporation” means a corporation established by the Secretary of State in accordance with the provisions in section 198 of the 2011 Act, as modified by the Schedule to this Order, following the designation of an area of land by the GMCA;

“GMCA” means the Greater Manchester Combined Authority, a body corporate established by the 2011 Order(7);

“GMWDA” means the Greater Manchester Waste Disposal Authority established by the Waste Regulation and Disposal (Authorities) Order 1985(8); and

“the Mayor” means the mayor for the Area(9), except in the term “the Mayor of London”.

PART 2Mayoral development corporation

Conferral of functions on the GMCA

3.—(1) The GMCA has in relation to the Area functions corresponding to the following functions contained in the following provisions in the 2011 Act, that the Mayor of London has in relation to Greater London—

(a)section 197 (designation of Mayoral development areas);

(b)section 199 (exclusion of land from Mayoral development areas);

(c)section 200 (transfers of property etc to a Mayoral development corporation)(10);

(d)section 202 (functions in relation to town and country planning);

(e)section 204 (removal or restriction of planning functions);

(f)section 214 (powers in relation to discretionary relief from non-domestic rates);

(g)section 215 (reviews);

(h)section 216 (transfers of property, rights and liabilities)(11);

(i)section 217 (dissolution: final steps);

(j)section 219 (guidance by the Mayor);

(k)section 220 (directions by the Mayor);

(l)section 221 (consents);

(m)paragraph 1 of Schedule 21 (membership);

(n)paragraph 2 of Schedule 21 (terms of appointment of members);

(o)paragraph 3 of Schedule 21(staff);

(p)paragraph 4 of Schedule 21 (remuneration etc: members and staff);

(q)paragraph 6 of Schedule 21 (committees); and

(r)paragraph 8 of Schedule 21 (proceedings and meetings).

(2) Any exercise by the GMCA of the functions corresponding to the functions contained in section 197(1) (designation of Mayoral development areas) of the 2011 Act requires the consent of all members of the GMCA appointed by the constituent councils, or substitute members acting in place of those members, whose local government area contains any part of the area to be designated as a Mayoral development area.

(3) Any exercise by the GMCA of the functions corresponding to the functions contained in section 199(1) (exclusion of land from Mayoral development areas) of the 2011 Act in respect of any Mayoral development area requires the consent of all members of the GMCA appointed by the constituent councils, or substitute members acting in place of those members, whose local government area contains any part of the area to be excluded from a Mayoral development area.

(4) The exercise by the GMCA of the functions corresponding to the functions contained in section 202(2) to (4) of the 2011 Act (functions in relation to town and country planning) in respect of any Mayoral development area requires the consent of—

(a)the Peak District National Park Authority if the GMCA proposes to exercise the functions in respect of the whole or any part of the area of the Peak District National Park(12);

(b)each member of the GMCA appointed by a constituent council, or a substitute member acting in place of that member, whose local government area contains the whole or any part of the area in respect of which the GMCA proposes to exercise the functions.

(5) For the purpose of paragraphs (2), (3) and (4)(b), the consent must be given at a meeting of the GMCA.

Application of provisions in the 2011 Act

4.—(1) Chapter 2 of Part 8 of the 2011 Act (Mayoral development corporations) applies in relation to the GMCA as it applies in relation to the Mayor of London, with the modifications made by the Schedule.

(2) Chapter 2 of Part 8 of the 2011 Act applies in relation to a Corporation as it applies in relation to a Mayoral development corporation, with the modifications made by the Schedule.

(3) Subject to paragraph (6), in any enactment (whenever passed or made)—

(a)any reference to a Mayoral development corporation, or

(b)any reference which falls to be read as a reference to a Mayoral development corporation,

is to be treated as including a reference to a Corporation.

(4) For the purposes of any transfer scheme relating to a Corporation under any provisions of the 2011 Act applied with modifications by this Order, paragraph 9 of Schedule 24 to the 2011 Act (transfers under scheme under section 200(1) or (4) or 216(1)) applies in relation to—

(a)any property, rights or liabilities transferred to or from a Corporation in accordance with a transfer scheme; or

(b)anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities to or from a Corporation in accordance with such a transfer scheme,

as it applies in relation to a Mayoral development corporation.

(5) For the purposes of establishing a Corporation, giving the Corporation a name, giving effect to any decisions notified to the Secretary of State (under sections 199(4) (exclusion of land from Mayoral development areas), 202(8) (decisions about planning functions), or 214(6) (powers in relation to discretionary relief from non-domestic rates) of the 2011 Act or in relation to the transfer of land to or from a Corporation under any provision of the 2011 Act, applied with modifications by this Order, section 235 of the 2011 Act (orders and regulations) applies in relation to—

(a)the power of a Minister of the Crown to make an order under sections 198(2) (mayoral development corporations: establishment) and 200(6) (transfers of property etc to a Mayoral development corporation) of that Act; and

(b)the power of the Treasury to make regulations under paragraph 9(2) of Schedule 24 to that Act,

as it applies in relation to the establishment of a Mayoral development corporation, giving the corporation a name, giving effect to any decisions notified to the Secretary of State (under sections 199(4), 202(8) and 214(6) of the 2011 Act) or in relation to the transfer of land to or from a Mayoral development corporation.

(6) Paragraph (3) does not apply to—

(a)paragraph 9(8)(a) of Schedule 2 to the Channel Tunnel Rail Link Act 1996 (works: further and supplementary provisions)(13);

(b)section 31(1A) of the 1999 Act (limits of the general power)(14);

(c)section 38 of the 1999 Act (delegation)(15);

(d)section 60A(3) of the 1999 Act (confirmation hearings etc for certain appointments by the Mayor)(16);

(e)section 68(6) of the 1999 Act (disqualification and political restriction)(17);

(f)section 73 of the 1999 Act (monitoring officer)(18);

(g)section 424 of the 1999 Act (interpretation)(19);

(h)section 24(4) of the Planning and Compulsory Purchase Act 2004 (conformity with spatial development strategy)(20); and

(i)paragraph 8(8)(a) of Schedule 2 to the Crossrail Act 2008 (works: further and supplementary provisions)(21).

(7) In this article “transfer scheme” means a transfer scheme under section 200(1) or (4) or 216(1) of the 2011 Act.

Incidental provisions

5.  The following provisions of the 1989 Act apply in relation to a Corporation as if it were a local authority—

(a)section 1 (disqualification and political restriction of certain officers and staff)(22), and

(b)sections 2 and 3A (politically restricted posts and exemptions from restriction)(23) so far as they have effect for the purposes of that section.

6.  Section 5 of the 1989 Act (designation and reports of monitoring officer)(24) applies in relation to the GMCA as if a Corporation were a committee of the GMCA.

7.  Section 32 of the 2003 Act applies in relation to expenditure of a Corporation but as if—

(a)each reference to a functional body were a reference to a Corporation;

(b)each reference to the Greater London Authority were a reference to the GMCA;

(c)each reference to the Mayor of London were a reference to the Mayor;

(d)subsection (7) were omitted.

PART 3Grants

Power to pay grant

8.—(1) The functions of a Minister of the Crown(25) specified in section 31 of the 2003 Act (power to pay grant) are functions of the GMCA that are exercisable in relation to the Area.

(2) The functions are exercisable by the GMCA concurrently with a Minister of the Crown.

(3) Paragraph (4) applies where, in exercising functions under paragraphs (1) and (2), the GMCA determines an amount of grant to be paid towards expenditure incurred or to be incurred by a constituent council in relation to the exercise of its highways functions.

(4) In determining that amount, the GMCA must have regard to the desirability of ensuring that the council has sufficient funds to facilitate the effective discharge of those functions.

(5) To comply with paragraph (4), the GMCA must take into account any other sources of funding available to the council for expenditure incurred or to be incurred in relation to the exercise of its highways functions.

(6) For the purposes of the exercise by the GMCA of the functions specified in paragraphs (1) and (2), section 31 of the 2003 Act has effect as if—

(a)in subsection (1)—

(i)the reference to a Minister of the Crown were a reference to the GMCA,

(ii)the reference to a local authority in England were a reference to a constituent council,

(b)subsection (2) were omitted;

(c)in subsections (3) and (4), the references to the person paying it (the grant) were references to the GMCA;

(d)subsection (6) were omitted.

(7) In this article “highways functions” means the functions which are exercisable by a constituent council (in whatever capacity) in relation to the highways for which they are the highway authority.

PART 4Waste Disposal

Abolition and transfer of functions

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

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

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

Adaptation of enactments

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

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

(a)any reference to the GMWDA,

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

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

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

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

(a)section 2 of the Local Government (Records) Act 1962 (acquisition and deposit of records)(26);

(b)Part 8 of the Local Government Finance Act 1988 (interpretation)(27);

(c)section 74 (transfer of land and other property to housing) of and paragraph 12 of Schedule 1 (tenancies which cannot be assured tenancies) to the Housing Act 1988(28);

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

(e)section 1 of the Local Government (Overseas Assistance) Act 1993 (power to provide advice and assistance)(29);

(f)Part 2 of the Deregulation and Contracting Out Act 1994 (“Local authority”: England)(30);

(g)section 3 of the Housing Grants, Construction and Regeneration Act 1996 (ineligible applicants)(31);

(h)section 1 of the Local Government Act 1999 (best value authorities)(32);

(i)paragraph 15 of Schedule 1 to the Freedom of Information Act 2000 (public authorities)(33);

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

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

(l)section 210 (reports on improving efficiency and sustainability of buildings owned by local authorities) and paragraph 11 of Schedule 20 to the Housing and Planning Act 2016 (authorities specified for purposes of section 210 (reports on improving efficiency and sustainability of buildings owned by local authorities))(35);

(m)paragraph 4 of Schedule 1 to the Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999(36);

(n)the Schedule to the Local Authorities (Exemption from Political Restrictions) (Designation) Regulations 2012(37);

(o)paragraph 1 of the Schedule to the Whole of Government Accounts (Designation of Bodies) Order 2015(38); and

(p)article 2 of the Audit Commission for Local Authorities and the National Health Service in England (Specified Organisations) (England) Order 2009(39).

Continuity

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

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

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

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

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

(3) Anything which—

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

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

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

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

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

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

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

(6) Without prejudice to the generality of this article a levy issued by the GMWDA under section 74 of the Local Government Finance Act 1988 (levies)(40) and in accordance with the Joint Waste Disposal Authorities (Levies) (England) Regulations 2006(41) to the councils within the GMWDA area in respect of the financial year beginning 1st April 2018 is to have effect for that year as if it had been so issued by the GMCA.

(7) The property, rights and liabilities of the GMWDA are to be transferred by this Order, notwithstanding that they may be or include—

(a)property, rights and liabilities that would not otherwise be capable of being transferred; or

(b)rights and liabilities under enactments.

(8) No right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property is to operate or become exercisable as a result of any transfer of land or other property by virtue of this Order (whether or not any consent required to the transfer has been obtained).

(9) No right to terminate or vary a contract or instrument is to operate or become exercisable, and no provision of a contract or relevant document, is to operate or become exercisable or be contravened, by reason of the transfer made by this Order.

(10) Paragraphs (7) to (9) above have effect in relation to—

(a)the grant or creation of an estate or interest in, or right over, any land or other property; or

(b)the doing of any other thing in relation to land or other property,

as they have effect in relation to the transfer made by this Order of land or other property.

(11) In this article, “relevant document” means—

(a)any enactment, other than an enactment contained in the 2009 Act;

(b)any subordinate legislation made otherwise than under that Act; or

(c)any deed or other instrument.

PART 5Funding

Funding

12.—(1) Subject to paragraph (5), the constituent councils must ensure that any reasonably incurred costs of the GMCA are met in relation to the functions conferred by this Order to the extent that the GMCA has not decided to meet these costs from other resources available to the GMCA.

(2) Subject to paragraph (4), the constituent councils must meet the costs of the expenditure reasonably incurred by the Mayor in, or in connection with, the exercise of the functions specified in articles 15(1) to the extent that the Mayor has not decided to meet these costs from other resources available to the GMCA.

(3) Subject to paragraphs (5) and (6), any amount payable by each of the constituent councils to ensure that the costs of the GMCA referred to in paragraphs (1) and (2) are met is to be determined by apportioning such costs between the constituent councils in such proportions as they may agree or, in default of such agreement, in accordance with the proportion to the total resident population of the GMCA which resides in the area of each constituent council at the relevant date as estimated by the Statistics Board(42).

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

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

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

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

(b)any precept issued in relation to such expenditure under section 40 of the Local Government Finance Act 1992(43) is to be disregarded from any calculation of the costs of the expenditure.

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

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

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

PART 6Data sharing; delegation of functions; mayoral functions

Data sharing

13.—(1) The functions of the constituent councils contained in section 17A of the Crime and Disorder Act 1998 (sharing of information)(44) are exercisable by the GMCA in relation to its area.

(2) The GMCA is a relevant authority for the purposes of section 115 of the Crime and Disorder Act 1998 (disclosure of information)(45).

(3) The functions mentioned in paragraph (1) are exercisable concurrently with the constituent councils.

(4) The GMCA is a local enforcing authority for the purposes of section 113 of the Environment Act 1995 (disclosure of information)(46) in consequence of the functions conferred by paragraphs 3 to 5 of Schedule 3 to the 2011 Order.

(5) The GMCA is to be treated as a local authority in consequence of the functions conferred by paragraph 6 of Schedule 3 to the 2011 Order and article 12(1)(a) to (d) of the Greater Manchester Combined Authority (Functions and Amendment) Order 2016(47) for the purposes of section 122 of the Apprenticeships, Skills, Children and Learning Act 2009 (sharing of information for education and training purposes)(48).

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

(a)section 14 of the 2008 Act (educational institutions: duty to provide information)(49);

(b)section 16 of the 2008 Act (supply of information by public bodies)(50);

(c)section 17 of the 2008 Act (sharing and use of information held for purposes of support services or functions under this Part)(51); and

(d)section 77 of the 2008 Act (supply of information by public bodies)(52).

(7) In this article, “the 2008 Act” means the Education and Skills Act 2008(53).

Arrangements for delegation of general functions of the Mayor

14.  In arrangements made under section 107D(3)(b) and (7)(b) of the 2009 Act (functions of mayors: general) the Greater Manchester Passenger Transport Executive(54) is to be treated as if it were an officer of the GMCA.

Functions exercisable only by the mayor

15.—(1) The functions of the GMCA corresponding to the functions in the following enactments are general functions exercisable only by the Mayor(55)—

(a)sections 197, 199, 200, 202, 204, 214 to 217, 219 to 221 of and paragraphs 1 to 4, 6 and 8 of Schedule 21 to the 2011 Act;

(b)section 31 of the 2003 Act;

(c)the following provisions of Part 2 of the 2000 Act—

(i)section 108(1)(a)(56) (local transport plans);

(ii)section 108(3)(57);

(iii)section 109(58) (further provision about plans: England);

(d)the following provisions of Part 2 of the 2000 Act, to the extent that they apply in relation to functions exercisable by the Mayor—

(i)section 108(1)(b);

(ii)section 108(2ZA) and (2ZB)(59);

(iii)section 108(3B)(60); and

(iv)section 112(61) (plans and strategies: supplementary).

(2) For the purposes of the exercise of general functions—

(a)members and officers of the GMCA may assist the Mayor; and

(b)the Mayor has the power to do in relation to the general functions anything that the GMCA may do under section 113A of the 2009 Act (general power of EPB or combined authority) for the purposes of its functions(62).

(3) Any exercise by the Mayor of the general functions mentioned in paragraph (1)(c)(i) and (ii) or the functions in section 109 (1) or (2) of the 2000 Act requires a vote in favour by members of the GMCA, or substitute members acting in place of those members, present and voting on that question at a meeting of the GMCA, in accordance with the voting arrangements set out at paragraph 3(2C) and (2D) of Schedule 1 to the 2011 Order.

(4) The Mayor may not make arrangements in accordance with section 107D(3) of the 2009 Act(63) in relation to the level or amount of earn back to be used or allocated to any exercise of a general function.

(5) Anything which, immediately before 8th May 2017, is in the process of being done by or in relation to the GMCA or by or in relation to a constituent council for the purposes of or in connection with the general functions mentioned in paragraph (1) or in relation to earn back, is to be treated as having been done by or in relation to the Mayor.

(6) In paragraphs (4) and (5) “earn back” means the arrangements specified in paragraph 17 of the Greater Manchester Agreement of 3rd November 2014(64).

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

Amendment of the Greater Manchester Combined Authority Order 2011

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

(2) In paragraph 3 (proceedings)—

(a)in sub-paragraph (1)—

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

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

(b)after sub-paragraph (2B) insert—

“(2C) Subject to sub-paragraph (2D), questions relating to the adoption, amendment, modification, revision, variation, withdrawal or revocation or replacement of a local transport plan under the following provisions of the Transport Act 2000(65) require a vote in favour by at least 8 members, or substitute members acting in place of those members, present and voting on that question at a meeting of the GMCA—

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

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

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

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

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

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

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

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

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

(2F) In relation to functions conferred under article 3(1) of the Greater Manchester Combined Authority (Functions and Amendment) Order 2017, the Mayor or the deputy Mayor acting in place of the Mayor(66) cannot—

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

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

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

(d)after sub-paragraph (4), insert—

“(4A) Questions relating to the use of earn back budget as described in paragraph 17 of the Greater Manchester Agreement of 3rd November 2014(67) cannot be carried without the vote of the Mayor or the deputy Mayor acting in place of the Mayor.”.

(3) After paragraph 3 (proceedings) insert—

“Committees– general

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

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

Independent remuneration panel

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

(a)members appointed to the GMCA; and

(b)the Mayor.

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

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

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

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

Remuneration

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

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

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

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

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

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

“Overview and scrutiny committees

5A.  The GMCA must ensure the appointment of an appropriate person (as defined by paragraph 3(5) of Schedule 5A to the 2009 Act(68)) to be the chairman of any overview and scrutiny committee appointed by the GMCA or any sub-committee of such an overview and scrutiny committee.”.

(5) Omit paragraph 6 (remuneration).

Consequential provision

17.—(1) Regulation 64 of the Local Government Pension Scheme Regulations 2013 (special circumstances where revised actuarial valuations and certificates must be obtained)(69) has effect in relation to the GMCA as though after paragraph (8) there were inserted—

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

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

(2) For the purposes of section 104(1)(a) of the 2009 Act (constitution) section 84(2)(a) of the Local Transport Act 2008 (constitutional arrangements)(70) applies in relation to a committee or sub-committee of the GMCA as it applies to members of the GMCA.