Draft Order laid before Parliament under 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, for approval by resolution of each House of Parliament.
2014 No.
Local Government, England
Transport, England
The West Yorkshire Combined Authority Order 2014
Made *****
Coming into force 1st April 2014

This Order is made in exercise of the powers conferred by section 85 of the Transport Act 1985, sections 84, 91 and 93 of the Local Transport Act 2008 and sections 103 to 105 and 114 to 116 of the Local Democracy, Economic Development and Construction Act 2009.
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.
2008 c.26.
2009 c.20.
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, and
(c) such other persons as the Secretary of State considered appropriate.
The metropolitan district 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 1 General

1 Citation and commencement
This Order may be cited as the West Yorkshire Combined Authority Order 2014 and shall come into force on 1st April 2014.

2 Interpretation
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(2);
“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 Leeds City Region Local Enterprise Partnership; and
“non-constituent council” means the council for the local government area of York.

PART 2 Establishment of a combined authority for West Yorkshire

3 Establishment
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).

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

5 Funding
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.

PART 3 Transport

6 Abolition and transfer of functions
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.

7 Adaptation of enactments
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.

8 Passenger Transport Executive
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.
S.I. 1973/1729.
2 Immediately before the coming into force of article 6 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 West Yorkshire Combined Authority.
4 Paragraph (3) does not apply to the following enactments—
(a) in the Audit Commission Act 1998—
(i) sections 11(2)(g);
(ii) section 30(1), (3); and
(iii) in Schedule 2, paragraph 4;
1998 c. 18.
(b) paragraph 28 of Schedule 1 to the Freedom of Information Act 2000;
2000 c. 36. Paragraph 8 was substituted by the Local Transport Act 2008, Schedule 4, paragraph 64.
(c) Schedule 2 to the Local Government Act 1988;
1988 c. 9.
(d) section 33 of the Railways Act 2005;
2005 c. 14.
(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.

9 Continuity
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 1st April 2014.
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 process of being done by or in relation to the ITA or the Executive immediately before 1st April 2014.
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 and in accordance with the Transport Levying Bodies Regulations 1992 to the constituent councils in respect of the financial year beginning 1st April 2014 is to have effect for that year as if it had been so issued by the Combined Authority.
1988 c.41.
S.I. 1992/2789, amended by S.I. 2012/213.

PART 4 Additional functions

10 Economic development and regeneration functions
1 The functions of the constituent councils set out in Schedule 3 are exercisable by the West Yorkshire 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 West Yorkshire Combined Authority.

Incidental provisions
11 The following provisions shall have effect as if the West Yorkshire Combined Authority were a local authority for the purposes of these provisions—
(a) section 142(2) of the Local Government Act 1972 (the power to arrange for publication of information etc. relating to the functions of the authority); and
1972 c.70.
(b) section 222 of the Local Government Act 1972 (the power to prosecute and defend legal proceedings).
12 1 The West Yorkshire 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 (research and collection of information) whether or not a scheme is made under that section.
1985 c.51.
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.
13 Section 13 of the Local Government and Housing Act 1989 (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
S.I. 2014/XXXX.
(b) is given voting rights by resolution of the Combined Authority in accordance with paragraph 4(5) of Schedule 1 to that Order.”

.
1989 c.42.
Signed on behalf of the Secretary of State for Communities and Local Government
Name Parliamentary Under Secretary of State Department for Communities and Local Government Date

SCHEDULE 1 Constitution
Article 4

1 Membership
(1) 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.
(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 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 or Chair or Vice Chair 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 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.

2 Chairman and vice-chairman
(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.

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

4 Committees
(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 members 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) 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.
(6) An overview and scrutiny committee appointed by the Combined Authority shall have the power to—
(a) invite members 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 West Yorkshire 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.
(7) The power to review or scrutinise a decision made but not implemented under sub-paragraph (6)(c) includes the power to recommend that the decision be reconsidered by the Combined Authority.
(8) Where an overview and scrutiny committee appointed by the Combined Authority makes a report or recommendation under sub-paragraph (6)(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 sub-paragraph (8)(a), publish the response.
(9) A notice served under sub-paragraph (8)(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.
(10) The Combined Authority shall comply with a notice given under sub-paragraph (8)(b).
(11) Sub-paragraphs (8)(a) and (10) are subject to section 9FG of the Local Government Act 2000 and to any provision made under section 9GA(8) and the Combined Authority shall be treated as a local authority for these purposes.
2000 c. 22. Sections 9FG and 9GA were inserted by the Localism Act 2011 (c. 20), section 21 and Schedule 2.

5 Records
(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.

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

7 Remuneration
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.

SCHEDULE 2 Modification of Part 2 of the Transport Act 1968
Article 7(4)
1 The Transport Act 1968 is amended as follows.
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.
2 (1) Section 9 (areas, authorities and executives) is amended as follows.
(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.”

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

“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.”

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

“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.”

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

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

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

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

7 In section 13 (power to make grants)—
(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.”

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

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

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

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

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

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

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—

“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”.”

SCHEDULE 3 Economic development and regeneration functions
Article 10
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.
2011 c.20.

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 on 1st April 2014, 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 does the same thing in relation to the West Yorkshire Passenger Transport Executive. 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.