PART 4Additional functions
Economic development and regeneration functions10
The functions of the constituent councils specified in the following provisions are exercisable by the Combined Authority in relation to the Area—
a
section 144 of the Local Government Act 1972 (the power to encourage visitors and provide conference and other facilities)29; and
b
sections 15ZA, 15ZB, 15ZC, 17, 18A(1)(b), 514A and 560A of the Education Act 1996 (duties and powers related to the provision of education and training for persons over compulsory school age)30.
General power of competence11
Chapter 1 of Part 1 of the 2011 Act (general powers of authorities) is to have effect in relation to the Combined Authority as it has effect in relation to a local authority31.
General functions of the Combined Authority exercisable only by the Mayor12
1
The function of the Combined Authority corresponding to the function in section 31 of the 2003 Act (power to pay grant) is a general function exercisable only by the Mayor32.
2
For the purposes of the exercise of the general function mentioned in paragraph (1)—
a
the Mayor must consult the Combined Authority before exercising the function; and
b
members and officers may assist the Mayor in the exercise of the function.
3
Subject to paragraphs (4) and (5), the Mayor may do anything that the Combined Authority may do under Chapter 1 of Part 1 of the 2011 Act (general powers of authorities).
4
Any exercise by the Mayor of the general power conferred by paragraph (3) which involves the transfer of property, rights and liabilities of the Combined Authority to or from any of the constituent authorities requires the consent of—
a
all members of the Combined Authority appointed by the constituent councils, or
b
substitute members acting in place of those members.
5
Any exercise by the Mayor of the general power conferred by paragraph (3) which involves the preparation and publication of a document including a statement formulating the Mayor’s strategy for spatial development in the Area requires the consent of—
a
all members of the Combined Authority appointed by the constituent councils, or
b
substitute members acting in place of those members.
6
For the purpose of paragraphs (4) and (5), the consent must be given at a meeting of the Combined Authority.
Incidental provisions
13
The following provisions have effect in relation to the Combined Authority as if it were a local authority—
a
section 113 of the Local Government Act 1972(power to place staff at the disposal of other local authorities)33;
b
section 142(2) of the Local Government Act 1972 (power to arrange for publication of information etc relating to the functions of the authority)34; and
c
section 222 of the Local Government Act 1972 (power to prosecute and defend legal proceedings)35.
14
1
The Combined Authority shall have the power to exercise any of the functions described in section 88(1)(a) and (b) of the Local Government Act 1985 (research and collection of information)36 whether or not a scheme is made under that section.
2
For the purposes of paragraph (1), paragraphs (a) and (b) of section 88(1) of the Local Government Act 1985 have effect as if a reference to “that area” were a reference to the Area.
15
Section 13 of the Local Government and Housing Act 1989 (voting rights of members of certain committees)37 has effect in relation to the Combined Authority as if—
a
in subsection (4) after paragraph (h) there were inserted—
i
subject to subsection (4A), a committee appointed by the Cambridgeshire and Peterborough Combined Authority.
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 is a member of one of the constituent councils as defined by article 2 of the Cambridgeshire and Peterborough Combined Authority Order 2017.
16
In Part 2 of Schedule 3 (pension funds) to the Local Government Pension Scheme Regulations 201338, at the end of the table insert—
An employee of the Cambridgeshire and Peterborough Combined Authority established by the Cambridgeshire and Peterborough Combined Authority Order 2017
Cambridgeshire County Council.