The Hull and East Yorkshire Combined Authority Order 2025

Made: 4th February 2025

Coming into force in accordance with article 1(2) and (3)

A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 117(2) and (3A) of the 2009 Act.

PART 1 — General

Citation and commencement

1

• (1) This Order may be cited as the Hull and East Yorkshire Combined Authority Order 2025.

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

• (3) The provisions of Part 6 (Mayoral functions) come into force on 6th May 2025.

Interpretation

2

In this Order and in any modifications to legislation made by this Order—

• “the 1980 Act” means the Highways Act 1980[^f00003];

• “the 1985 Act” means the Housing Act 1985[^f00004];

• “the 1989 Act” means the Local Government and Housing Act 1989[^f00005];

• “the 1990 Act” means the Town and Country Planning Act 1990[^f00006];

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

• “the 2000 Act” means the Transport Act 2000[^f00008];

• “the 2003 Act” means the Local Government Act 2003[^f00009];

• “the 2004 Act” means the Traffic Management Act 2004[^f00010];

• “the 2007 Regulations” means the Traffic Management Permit Scheme (England) Regulations 2007[^f00011];

• “the 2008 Act” means the Housing and Regeneration Act 2008[^f00012];

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

• 2009;

• “the 2011 Act” means the Localism Act 2011[^f00013];

• “the 2023 Act” means the Levelling-up and Regeneration Act 2023[^f00014];

• “the BRS Act” means the Business Rate Supplements Act 2009[^f00015];

• “Area” means the area of the Combined Authority;

• “Combined Authority” means the Hull and East Yorkshire Combined Authority as established by article 3;

• “constituent councils” means the councils for the local government areas[^f00016] of East Riding of Yorkshire and the city of Kingston upon Hull;

• “Corporation” means a corporation established by the Secretary of State in accordance with the provisions in section 198 of the 2011 Act, as applied by article 19(1) this Order, following the designation of an area of land by the Combined Authority;

• “election for the return of the mayor” means an election held pursuant to article 4;

• “the HCA” has the meaning given in article 15(1);

• “lead member” means the member designated pursuant to paragraph 1(2) of Schedule 1;

• “member” is to be interpreted in line with paragraph 1 of Schedule 1;

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

PART 2 — Establishment of the Combined Authority and election of the Mayor

Establishment

3

• (1) There is established as a body corporate a combined authority for the areas of the constituent councils.

• (2) The combined authority is to be known as the Hull and East Yorkshire Combined Authority.

• (3) The functions of the Combined Authority are those functions conferred or imposed upon it by or under this Order or 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).

Mayor

4

• (1) There is to be a mayor for the Area.

• (2) The first election for the return of the Mayor is to take place on 1st May 2025.

• (3) Subsequent elections for the return of the Mayor for the Area must take place in every fourth year thereafter on the same day as the ordinary day of election.

• (4) The term of office of the Mayor returned at an election for the return of a mayor for the Area in 2025—

• (a) begins with 6th May 2025;

• (b) ends, subject to paragraph (8), with the third day after the day of the poll at the next election for the return of the Mayor for the Area.

• (5) The term of office of the Mayor returned in each subsequent fourth year—

• (a) begins, subject to paragraph (7), with the fourth day after the day of the poll at the election for the return of the Mayor for the Area;

• (b) ends, subject to paragraph (8), with the third day after the day of the poll at the next election for the return of the Mayor for the Area.

• (6) In this article “ordinary day of election” in relation to any year, means the day which is the ordinary day of election in that year of councillors for counties and districts in England as determined in accordance with section 37 of the Representation of the People Act 1983[^f00017].

• (7) Where for the purposes of paragraph (5)(a) the fourth day would otherwise be a Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday, a bank holiday under the Banking and Financial Dealings Act 1971[^f00018] in England and Wales or a day appointed as a day of public thanksgiving or mourning, the fourth day is instead deemed to be the first day thereafter which is not one of those specified days.

• (8) Where paragraph (7) applies the reference in paragraphs (4)(b) and (5)(b) to the third day is deemed to be the day before the day deemed to have effect in accordance with paragraph (7).

Political adviser

5

• (1) The Mayor may appoint one person as their political adviser.

• (2) Any appointment under paragraph (1) is an appointment as an employee of the Combined Authority.

• (3) No appointment under paragraph (1) may extend beyond—

• (a) the term of office for which the Mayor who made the appointment was elected, or

• (b) where the Mayor who made the appointment ceases to be the Mayor before the end of the term of office for which the Mayor was elected, the date on which the Mayor ceases to hold that office.

• (4) A person appointed under paragraph (1) is to be regarded for the purposes of Part 1 of the 1989 Act (political restriction of officers and staff) as holding a politically restricted post under a local authority.

• (5) Section 9(1), (8), (9) and (11) of the 1989 Act (assistants for political groups)[^f00019] applies in relation to an appointment under paragraph (1) as if—

• (a) any appointment to that post were the appointment of a person in pursuance of that section, and

• (b) the Combined Authority were a relevant authority for the purposes of that section.

• (6) Subsection (3) of section 9 of the 1989 Act applies in relation to an appointment under paragraph (1) as if the words from “and that the appointment terminates” to the end of that subsection were omitted.

Constitution

6

Schedule 1 makes provision about the constitution of the Combined Authority.

PART 3 — Transport

Local Transport

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• (1) The following functions are exercisable by the Combined Authority in relation to the Area—

• (a) the functions of the constituent councils specified in Parts 4 (local passenger transport services) and 5 (financial provisions) of the Transport Act 1985[^f00020];

• (b) the functions of the constituent councils as local transport authorities specified in Part 2 (local transport) of the 2000 Act.

• (2) Subject to paragraphs (3) and (4), the functions specified in—

• (a) Parts 4 and 5 of the Transport Act 1985;

• (b) sections 108 and 109 of the 2000 Act;

• (c) sections 112 to 159 of the 2000 Act,

are exercisable by the Combined Authority instead of by the constituent councils.

• (3) During the transition period—

• (a) the functions mentioned in paragraph (2)(a) and (c) are exercisable by the Combined Authority concurrently with the constituent councils;

• (b) the exercise of the functions mentioned in paragraph (2)(b) requires at least three of the members to vote in favour.

• (4) The functions contained in section 108(1)(b), (2ZA) and (3B), and section 109(4) of the 2000 Act[^f00021] are exercisable by the Combined Authority concurrently with the constituent councils, subject to the modifications set out in paragraph (5).

• (5) The modifications referred to in paragraph (4) are—

• (a) in section 108(1)(b), the reference to “those policies” is a reference to the policies developed under section 108(1)(a) of the 2000 Act in accordance with the functions conferred on the Combined Authority by paragraph (1)(b);

• (b) in section 108(3B), the reference to “their plan” is a reference to the local transport plan prepared under section 108(3) in accordance with the functions conferred on the Combined Authority by paragraph (1)(b);

• (c) in section 109(4), the reference to “their local transport plan” is a reference to the local transport plan prepared under section 108(3) in accordance with the functions conferred on the Combined Authority by paragraph (1)(b).

• (6) For the purposes of paragraph (3), “the transition period” means the period commencing when this Order comes into force and ending immediately before 31st March 2026.

Agreements between authorities and strategic highways companies

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• (1) The following functions are exercisable by the Combined Authority in relation to the Area—

• (a) the functions of the constituent councils specified in section 6 of the 1980 Act (powers to enter into agreements with the Minister or strategic highways companies relating to the exercise of functions with respect to trunk roads etc)[^f00022];

• (b) the functions of the constituent councils as local highway authorities specified in section 8 of the 1980 Act (power to enter into agreements with local highway authorities and strategic highways companies for the doing of certain works)[^f00023].

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

• (3) Any exercise of the functions conferred by paragraph (1) requires the consent of each constituent council in whose area it is proposed that the function is to be exercised.

Civil enforcement of road traffic contraventions

9

• (1) The functions of the constituent councils as enforcement authorities specified in the following enactments are exercisable by the Combined Authority in relation to the area comprising the civil enforcement areas of the constituent councils—

• (a) Part 6 (civil enforcement of road traffic contraventions) of the 2004 Act, insofar as it applies to a civil enforcement area designated under paragraphs 9 (designation of civil enforcement areas for bus lane contraventions) or 10 of Schedule 8 (civil enforcement areas and enforcement authorities outside Greater London) to that Act;

• (b) the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022[^f00024];

• (c) the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022[^f00025].

• (2) The functions mentioned in paragraph (1) are exercisable by the Combined Authority concurrently with each constituent council (in relation to its civil enforcement area).

• (3) In this article—

• “civil enforcement area” means an area designated as a civil enforcement area under Part 2 of Schedule 8 to the 2004 Act (civil enforcement areas and enforcement authorities) and which falls within the Area;

• “enforcement area” means the area comprising all of the civil enforcement areas of the constituent councils;

• “enforcement authority” means an enforcement authority for the purposes of Part 6 of the 2004 Act pursuant to paragraphs 9(4) or 10(5) of Schedule 8 to that Act.

• (4) Any exercise of the functions conferred by paragraph (1) requires the consent of each constituent council in whose area it is proposed that the functions are to be exercised.

Grants to bus service operators

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• (1) Subject to paragraphs (2) to (4), the function of the Secretary of State set out in section 154(1) (grants to bus service operators) of the 2000 Act is exercisable by the Combined Authority in relation to the Area.

• (2) For the purpose of paragraph (1), section 154(1) of the 2000 Act shall have effect as if “with the approval of the Treasury” were omitted.

• (3) Grants made by virtue of the function conferred by paragraph (1) must be—

• (a) calculated in accordance with such method as may be provided by any regulations made by the Secretary of State by virtue of section 154(2) of the 2000 Act;

• (b) subject to sub-paragraph (a), of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as may be determined by the Secretary of State by virtue of section 154(3) of the 2000 Act and notified to the Combined Authority.

• (4) Grants must not be made by virtue of the function conferred by paragraph (1) to the extent that eligible bus services operate outside the Area.

• (5) The function mentioned in paragraph (1) is exercisable concurrently with the Secretary of State in relation to the Area.

• (6) In this article, “eligible bus services” has the meaning given by section 154(5) of the 2000 Act.

Permit schemes

11

• (1) The functions of the constituent councils as local highway authorities specified in the following provisions of the 2004 Act are exercisable by the Combined Authority in relation to the Area—

• (a) section 33 (preparation of permit schemes)[^f00026];

• (b) section 33A (implementation of permit schemes of strategic highways companies and local highway authorities in England)[^f00027];

• (c) section 36 (variation and revocation of permit schemes)[^f00028].

• (2) The functions of the constituent councils as Permit Authorities specified in the 2007 Regulations are exercisable by the Combined Authority in relation to the Area.

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

• (4) Part 3 of the 2004 Act (permit schemes) applies in relation to the preparation, implementation, variation and revocation of permit schemes by the Combined Authority as it applies in relation to the preparation, implementation, variation and revocation of permit schemes by a constituent council as a local highway authority, subject to the modifications in Schedule 2 to this Order.

• (5) The 2007 Regulations apply in relation to the content, preparation, operation, variation and revocation of permit schemes by the Combined Authority as they apply in relation to the content, preparation, operation, variation and revocation of permit schemes by a constituent council as a Permit Authority.

• (6) For the purposes of paragraph (5), references in the 2007 Regulations to a Permit Authority are to be read as including references to the Combined Authority.

• (7) In this article—

• “Permit Authority” has the same meaning as in regulation 2(1) of the 2007 Regulations;

• “permit scheme” is to be construed in accordance with section 32 of the 2004 Act.

• (8) Any exercise of the functions conferred by paragraphs (1) and (2) requires the consent of each constituent council in whose area it is proposed that the functions are to be exercised.

Power to pay grant

12

• (1) The functions of a Minister of the Crown 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) Paragraph (4) applies where, in exercising functions referred to in paragraphs (1), the Combined Authority 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 highway functions.

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

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

• (6) For the purposes of the exercise by the Combined Authority of the functions referred to in paragraph (1), 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) subsection (6) were omitted.