The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020

Made: 27th July 2020

Coming into force in accordance with article 1

A draft of this instrument has been laid before, and approved, by a resolution of each House of Parliament under section 117(2) of the 2009 Act.

PART 1 — General

Citation and commencement

1

This Order may be cited as the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 and comes into force on the day after the day on which it is made.

Interpretation

2

In this Order—

• “the 1989 Act” means the Local Government and Housing Act 1989[^f00006];

• “the 1999 Act” means the Greater London Authority Act 1999[^f00007];

• “the 2003 Act” means the Local Government Act 2003[^f00008];

• “the 2008 Act” means the Housing and Regeneration Act 2008[^f00009];

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

• “the 2011 Act” means the Localism Act 2011[^f00010];

• “the 2014 Order” means the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014[^f00011];

• “adult detention” has the meaning given by section 121(4) of the Apprenticeships, Skills, Children and Learning Act 2009[^f00012];

• “Area” means the area consisting of the areas of the constituent councils;

• “the Combined Authority” means the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority;

• “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 Schedule 3, following the designation of an area of land by the Combined Authority;

• “constituent councils” means the councils for the local government areas of Barnsley, Doncaster, Rotherham and Sheffield; and

• “Mayor” means the mayor for the Area, except in the term “Mayor of London”.

PART 2 — Transport

Transfer of functions etc. relating to transport

3

• (1) The functions of the constituent councils specified in section 6 of the Highways Act 1980[^f00013] (powers to enter into agreements with the Minister or strategic highways companies relating to the exercise of functions with respect to trunk roads etc) are exercisable by the Combined Authority in relation to the Area.

• (2) The functions of the constituent councils as local highway authorities specified in section 8 of the Highways Act 1980[^f00014] (power to enter into agreements with local highway authorities and strategic highways companies for the doing of certain works) are exercisable by the Combined Authority in relation to the Area.

• (3) The functions referred to in paragraphs (1) and (2) are exercisable by the Combined Authority concurrently with the constituent councils.

• (4) In this article “local highway authority” has the meaning given by section 329(1) of the Highways Act 1980[^f00015].

Power to pay grant

4

• (1) The functions of a Minister of the Crown[^f00016] specified in section 31 of the 2003 Act (power to pay grant) are functions of the Combined Authority that are exercisable in relation to the Area.

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

• (3) In determining the 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, the Combined Authority must have regard to the desirability of ensuring that the council has sufficient funds to facilitate the effective discharge of those functions.

• (4) To comply with paragraph (3), the Combined Authority 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.

• (5) For the purposes of the exercise by the Combined Authority 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 Combined Authority,

• (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 Combined Authority;

• (d) subsection (6) were omitted.

• (6) 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[^f00017].

PART 3 — Education, skills and training functions

Transfer of local authority functions

5

• (1) The functions of the constituent councils described in the provisions set out in paragraph (2), are exercisable by the Combined Authority in relation to the Area.

• (2) The provisions referred to in paragraph (1) are—

• (a) section 51A of the Further and Higher Education Act 1992 (duty to provide for named individuals[^f00018];

• (b) section 13A of the Education Act 1996 (duty to promote high standards and fulfilment of potential)[^f00019];

• (c) section 15A of the Education Act 1996 (powers in respect of education and training for 16 to 18 year olds)[^f00020];

• (d) section 15B of the Education Act 1996 (functions in respect of education for persons over 19)[^f00021];

• (e) section 10 of the Education and Skills Act 2008 (local authority to promote fulfilment of duty imposed by section 2)[^f00022];

• (f) section 12 of the Education and Skills Act 2008 (duty to make arrangements to identify persons not fulfilling duty imposed by section 2)[^f00023];

• (g) section 68 of the Education and Skills Act 2008 (support services: provision by local authorities)[^f00024];

• (h) section 70 of the Education and Skills Act 2008 (local authorities: supplementary powers)[^f00025]; and

• (i) section 85 of the Education and Skills Act 2008 (co-operation as regards provision of 14–19 education and training)[^f00026].

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

• (4) Any requirement in any enactment for a constituent council to exercise any of the functions referred to in paragraph (1) may be fulfilled by the exercise of that function by the Combined Authority.

• (5) The provisions referred to in paragraph (1) apply to the Combined Authority as they apply to a constituent council.

• (6) Section 10 of the Children Act 2004[^f00027] (co-operation to ensure well-being) applies to the Combined Authority as it applies to a constituent council for the purposes of the provision of 14-19 education or training in the Area within the meaning of section 85(5) of the Education and Skills Act 2008.

Transfer of functions from the Secretary of State to the Combined Authority in relation to the Area

6

• (1) Subject to paragraph (2), the functions of the Secretary of State set out in the following provisions of the Apprenticeships, Skills, Children and Learning Act 2009[^f00028] are exercisable by the Combined Authority in relation to the Area—

• (a) section 86 (education and training for persons aged 19 or over and others subject to adult detention)[^f00029];

• (b) section 87 (learning aims for persons aged 19 or over: provision of facilities)[^f00030]; and

• (c) section 88 (learning aims for persons aged 19 or over: payment of tuition fees)[^f00031].

• (2) The functions mentioned in paragraph (1) do not include —

• (a) any functions relating to apprenticeship training;

• (b) any functions relating to persons subject to adult detention; or

• (c) any power to make regulations or orders.

• (3) The functions mentioned in paragraph (1) are exercisable by the Combined Authority instead of by the Secretary of State.

Functions of the Secretary of State to be exercisable concurrently with the Combined Authority in relation to the Area

7

• (1) Subject to paragraphs (2), (2A) and (2B), the functions of the Secretary of State set out in the following provisions of the Apprenticeships, Skills, Children and Learning Act 2009 are exercisable by the Combined Authority in relation to the Area—

• (a) section 90 (encouragement of education and training for persons aged 19 or over and others subject to adult detention)[^f00032]; ...

• (b) section 100(1) (provision of financial resources)[^f00033] ; and

• (c) section 100(1B) (provision of financial resources in connection with approved technical education qualifications or approved steps towards occupational competence).

• (2) The functions mentioned in paragraph (1) do not include—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) any function relating to persons subject to adult detention.

• (2A) The functions mentioned in paragraph (1)(a) and (b) do not include any function relating to apprenticeship training.

• (2B) The function mentioned in paragraph (1)(c) does not include any function relating to a person who, at the time of starting a course of study for an approved technical education qualification or starting to take approved steps towards occupational competence, is—

• (a) aged under 19; or

• (b) aged under 25 for whom an EHC Plan is maintained.

• (2C) In paragraph (2B), an “EHC Plan” means a plan within the meaning of section 37(2) of the Children and Families Act 2014.

• (3) The functions mentioned in paragraph (1) are exercisable concurrently with the Secretary of State in relation to the Area.

Conditions on the exercise of functions mentioned in articles 6 and 7

8

• (1) The Combined Authority must adopt rules of eligibility for awards by an institution to which it makes grants, loans or other payments under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 in accordance with any direction given by the Secretary of State.

• (2) In exercising the functions mentioned in articles 6 and 7, the Combined Authority must have regard to guidance issued by the Secretary of State for the purpose of this article (as amended from time to time or as replaced by a subsequent document)[^f00034].

• (3) In subsection (1), “award” has the same meaning as in regulation 2 of the Fees and Awards (England) Regulations 2007[^f00035].

Modification of provisions in the Apprenticeships, Skills, Children and Learning Act 2009

9

For the purpose of the exercise by the Combined Authority of the functions mentioned in articles 6 and 7, sections 86 to 88, 90, 100, 101, 103, 115 and 121 of the Apprenticeships, Skills, Children and Learning Act 2009 apply in relation to the Combined Authority with the modifications set out in Schedule 1.

PART 4 — Housing and regeneration

Housing and regeneration

10

• (1) The functions of the Homes and Communities Agency (“HCA”) which are specified in the following provisions of the 2008 Act are to be functions of the Combined Authority that are exercisable in relation to the Area—

• (a) section 5 (powers to provide housing or other land);

• (b) section 6 (powers for regeneration, development or effective use of land);

• (c) section 7 (powers in relation to infrastructure);

• (d) section 8 (powers to deal with land etc);

• (e) section 9 (acquisition of land);

• (f) section 10 (restrictions on disposal of land);

• (g) section 11 (main powers in relation to acquired land)[^f00036];

• (h) section 12 (powers in relation to, and for, statutory undertakers);

• (i) paragraphs 19 and 20 of Schedule 3 (powers in relation to burial grounds and consecrated land etc); and

• (j) paragraphs 1, 2, 3, 4, 6, 10 and 20 of Schedule 4 (extinguishment or removal powers for the HCA).

• (2) The Combined Authority must exercise the functions described in the provisions specified in paragraph (1) for the purposes of, or for purposes incidental to the objective of—

• (a) improving the supply and quality of housing in the Area;

• (b) securing the regeneration or development of land or infrastructure in the Area;

• (c) supporting in other ways the creation, regeneration or development of communities in the Area or their continued well-being; and

• (d) contributing to the achievement of sustainable development and good design in the Area,

with a view to meeting the needs of people living in the Area.

• (3) The functions described in the provisions specified in paragraph (1) are—

• (a) exercisable concurrently with the HCA; and

• (b) subject to Schedules 2 (acquisition of land) and 3 (main powers in relation to land acquired by the HCA) to the 2008 Act.

• (4) In paragraph (2) “good design” and “needs” have the meanings given by section 2(2) of the 2008 Act and the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing.

• (5) Chapters 1 and 2 of Part 1 of, and Schedules 2 to 4 to, the 2008 Act apply in relation to the powers of the Combined Authority to acquire land for housing and infrastructure under those functions as they apply to the HCA and land acquired by the HCA with the modifications made by Parts 1 and 2 of Schedule 2.

PART 5 — Mayoral development corporation

Mayoral development corporation

11

• (1) The Combined Authority has, in relation to the Area, functions corresponding to the functions described in the provisions in the 2011 Act referred to in paragraph (2), that the Mayor of London has in relation to Greater London.

• (2) The provisions in the 2011 Act referred to in paragraph (1) are—

• (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)[^f00037];

• (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)[^f00038];

• (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).

Application of provisions in the 2011 Act

12

• (1) Chapter 2 of Part 8 of the 2011 Act (Mayoral development corporations) applies in relation to the Combined Authority as it applies in relation to the Mayor of London, with the modifications made by Schedule 3.

• (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 Schedule 3.

• (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, 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)[^f00039];

• (b) section 31(1A) of the 1999 Act (limits of the general power)[^f00040];

• (c) section 38 of the 1999 Act (delegation)[^f00041];

• (d) section 60A(3) of the 1999 Act (confirmation hearings etc for certain appointments by the Mayor)[^f00042];

• (e) section 68(6) of the 1999 Act (disqualification and political restriction)[^f00043];

• (f) section 73 of the 1999 Act (monitoring officer)[^f00044];