The West Midlands Combined Authority Order 2016

Made: 16th June 2016

Coming into force in accordance with article 1

Accordingly, the Secretary of State makes the following Order:

PART 1 — General

Citation and commencement

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• (1) This Order may be cited as the West Midlands Combined Authority Order 2016.

• (2) This article and articles 2 and 6 (1) and (2) shall come into force on either—

• (a) 1st June 2016, or

• (b) if the Order is made on or after 1st June 2016, on the day after the day on which the Order is made,

and the other provisions of this Order shall come into force immediately afterwards.

Interpretation

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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 Midlands Combined Authority as constituted by article 3;

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

• “constituent councils” means the councils for the local government areas of Birmingham, Coventry, Dudley, Sandwell, Solihull, Walsall and Wolverhampton;

• “deputy Mayor” means the member of the Combined Authority appointed by the Mayor as the Mayor’s deputy;

• “enactment” includes subordinate legislation;

• “the Executive” has the meaning given by article 6(1);

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

• “the ITA” means the West Midlands Integrated Transport Authority;

• “Local Enterprise Partnership” means the board of—the Black Country Local Enterprise Partnership,Greater Birmingham and Solihull Local Enterprise Partnership, orCoventry and Warwickshire Local Enterprise Partnership; ...

• “Mayor” means the mayor for the combined area of the Combined Authority;

• “non-constituent councils” means the councils for the local government areas of Cannock Chase, North Warwickshire, Nuneaton and Bedworth, Redditch, Rugby, Shropshire, Stratford-on-Avon, Tamworth, Telford and Wrekin and Warwickshire.

PART 2 — Establishment of a combined authority for West Midlands

Establishment

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

• (2) The combined authority is to be a body corporate and is to be known as the West Midlands 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).

Constitution

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

Funding

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• (1) The constituent councils must meet the costs of the Combined Authority reasonably attributable to the exercise of the functions mentioned in article 10 (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 Statistics Board[^f00004].

• (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

Passenger Transport Executive

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• (1) In this Order “the Executive” means the West Midlands Passenger Transport Executive established by the West Midlands Passenger Transport Area (Designation) Order 1969[^f00005].

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

• (3) Subject to article 8(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 is to be treated, in its application to the combined area, as if it were to the Combined Authority.

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

• (a) paragraph 28 of Schedule 1 to the Freedom of Information Act 2000[^f00006];

• (b) Schedule 2 to the Local Government Act 1988[^f00007];

• (c) section 33 of the Railways Act 2005[^f00008];

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

• (e) section 162(4) of the Transport Act 2000[^f00009].

• (5) The West Midlands Passenger Transport Area (Designation) Order 1969 is revoked.

Abolition and transfer of functions

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• (1) The West Midlands 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.

Adaptation of enactments

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

• (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[^f00010] which is amended in accordance with Schedule 2.

Continuity

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• (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 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[^f00011] and in accordance with the Transport Levying Bodies Regulations 1992[^f00012] to the constituent councils in respect of the financial year beginning 1st April 2016 is to have effect for that year as if it had been so issued by the Combined Authority.

PART 4 — Additional functions

Economic development and regeneration functions

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• (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.

Incidental provisions

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14

Regulation 64 of the Local Government Pension Scheme Regulations 2013[^f00017] (special circumstances where revised actuarial valuations and certificates must be obtained) shall have effect as if after paragraph (8) there were inserted—

(8A) Paragraph (8B) applies where the existing employer is the West Midlands Integrated Transport Authority (“the ITA”) and the liabilities of the fund in respect of benefits due to the ITA’s current and former employees (or those of any predecessor authority) have been or are to be transferred to the West Midlands Combined Authority as a result of the establishment of the combined authority by article 3(1) of the West Midlands Combined Authority Order 2016. (8B) Where this paragraph applies, no exit payment is due under paragraph (1) and paragraph (2) does not apply.

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• (1) The Local Government Pension Scheme Regulations 2013 is amended as follows.

• (2) In paragraph 1(z) of Part 1 of Schedule 3 (pension funds) for “West Midlands Integrated Transport Authority” substitute “West Midlands Combined Authority”.

• (3) In Part 2 of Schedule 3 in the table insert at the end—

An employee of the West Midlands Combined Authority established by the West Midlands Combined Authority Order 2016	Wolverhampton City Council

SCHEDULE 1 — Constitution

Membership

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Each constituent council must appoint two of its elected members to be members of the Combined Authority.

• (3) Each non-constituent council must appoint one of its elected members to be a member of the Combined Authority.

• (4) Each constituent council must appoint another of its elected members to act as a member of the Combined Authority (“the substitute member”) if a member appointed in accordance with the provisions in sub-paragraph (2)—

• (a) is absent; or

• (b) has been appointed as the deputy Mayor and is acting in place of the Mayor at a meeting.

• (5) Each non-constituent council must appoint another one of its elected members to act as a member of the Combined Authority in the absence of the member appointed under sub-paragraph (3) (“the substitute member”).

• (6) Each Local Enterprise Partnership must nominate one of its members to be a member of the Combined Authority.

• (7) Each Local Enterprise Partnership must nominate one of its members to act as a member of the Combined Authority in the absence of the member appointed under sub-paragraph (6) (“the substitute member”).

• (8) The Combined Authority must appoint the members nominated by the Local Enterprise Partnerships under sub-paragraph (6) as members of the Combined Authority.

• (9) The Combined Authority must appoint the other member nominated by each Local Enterprise Partnership under sub-paragraph (7) to act as a member of the Combined Authority in the absence of the member appointed under sub-paragraph (8).

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

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

• (b) the Local Enterprise Partnership that nominated them.

• (11) A person may resign as a member or substitute member of the Combined Authority by written notice served on the proper officer of the council that appointed them or, as the case may be, the chairman or vice-chairman of the Local Enterprise Partnership that nominated them, and the resignation takes effect on receipt of the notice by the proper officer of the council or chairman or a vice-chairman of the Local Enterprise Partnership (as the case may be).

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

• (a) the constituent council or the non-constituent council that made the appointment must, 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 that made the nomination must, as soon as practicable, give written notice of that fact to the Combined Authority and nominate another of its members in that person’s place.

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

• (14) A constituent council or 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 one of its elected members in that person’s place.

• (15) Where a constituent council or non-constituent council exercises its power under sub-paragraph (14), it must 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.

• (16) A 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.

• (17) Where a Local Enterprise Partnership exercises its power under sub-paragraph (16), it must give written notice of the new nomination and the termination of the previous appointment to the Combined Authority.

• (18) The Combined Authority must appoint a member nominated under sub-paragraph (17) 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.

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

Chairman and vice-chairman

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Proceedings

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) No business is to be transacted at a meeting of the Combined Authority unless the Mayor and at least five members appointed by at least five of the constituent councils are present at the meeting.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Committees

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• (1) The Combined Authority must appoint at least one member from each of the constituent councils and the non-constituent councils to the overview and scrutiny committee appointed by the Combined Authority.

• (2) No business is to be transacted at a meeting of the overview and scrutiny committee unless at least two-thirds of the total number of members of the overview and scrutiny committee are present.

• (3) 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.

• (4) Members appointed from the non-constituent councils and the Local Enterprise Partnerships to the overview and scrutiny committee, or to any other committee or sub-committee of the Combined Authority, shall be non-voting members of that committee or sub-committee but may be given voting rights by resolution of the Combined Authority.

• (5) The Combined Authority must appoint an appropriate person[^f00019] who is a member of one of the constituent councils to be the chairman of the overview and scrutiny committee appointed by the Combined Authority

• (6) If a vote is tied on any matter it is deemed not to have been carried.

• (7) Where an overview and scrutiny committee appointed by the Combined Authority makes a report or recommendation under paragraph 1(2)(b) of Schedule 5A of the 2009 Act 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; and

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

• (8) A notice served under sub-paragraph (7)(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.