DECISION-MAKING OF THE MAYORAL COMBINED AUTHORITY

 

Decision

Decision Taker

Comments

Each constituent council must appoint two of its members to the Combined Authority and one of these members shall be designated as the Lead Member.

Each constituent council.

Each constituent council must appoint two elected members for each member (ie four members in total).  Once the Mayor is elected, the Mayor will chair the Combined Authority.

General Voting.

Mayoral Combined Authority

Subject to exceptions, all decisions to be made by a simple majority of the members present.  The Mayor to be in the majority (ie the Mayor has a veto to decisions).

Once elected, the quorum will be the Mayor and at least one member from each constituent council. 

Special Voting: 

Voting which requires the Lead Member from each council to be in favour: 

(a)        Approval or amendment of the Combined Authority’s budget (excluding the Mayor’s budget).

(b)        Issuing the Transport Levy.

(c)        Approval or amendment of the Constitution or Standing Orders.

Mayoral Combined Authority

The Lead Member from North Yorkshire Council and the City of York Council must vote in favour of the proposal in order for it to be passed.

Special Voting:

Voting which requires the Lead Member for the relevant constituent council to vote in favour:

(a)        Functions in relation to compulsory purchase of land under Section 17 of the Housing Act 1985, Section 9(2) of the Housing and Regeneration Act 2008 and Section 226 of the Town and Country Planning Act 1990.

Mayoral Combined Authority

The Lead Member for the constituent council whose area contains any part of the land subject to the proposed compulsory acquisition must vote in favour of the proposal in order for it to be passed.

Special Voting:

Decisions which require consent of the Lead Member of the constituent council:

(a)        Any decision of the Mayor which gives rise to a financial liability for the constituent council.

Lead Member to give consent of a Mayoral decision

Any decision of the Combined Authority which is made by a simple majority or otherwise, will require the consent of the Lead Member of the relevant constituent council if it gives rise to a financial liability to that council.

Special Voting:

Decisions regarding designation of Mayoral development areas under Section 197 and functions in relation to town and country planning under Section 202 of the Localism Act 2011.

Mayor but subject to consent of the relevant Lead Member and the relevant National Park Authority

The Mayor can only exercise such functions with the consent of the Lead Member from the constituent council and any relevant National Park Authority.

Appointment of Mayor’s Political Adviser

Mayor

 

Housing, Regeneration and Planning under Section 7-9

Mayoral Combined Authority

 

Mayoral Development Corporation (under Part 4)

Functions exercisable by the Combined Authority

 

Transport (under Part 5) and additional functions (under Part 6)

Functions exercisable by the Combined Authority

 

Mayoral functions (under Part 7) namely:

(a)        Section 17(3) Housing Act 1985;

(b)        Section 108 and 109 (Local Transport Plans) Transport Act 2000;

(c)        Section 112 (Supplementary Plans and Strategies) Transport Act 2000; 

(d)        Section 154(1) (Grants to Bus Service Operators) Transport Act 2000;

(e)        Section 31 (Power to pay Grants) Local Government Act 2003;

(f)        Section 9(2) Housing and Regeneration Act 2008;

(g)        Functions relating to the Business Rates Supplements Act 2009;

(h)        Sections 197, 199, 200, 202, 204, 214 to 217 and 219 to 221, Schedule 21 Localism Act 2011.

Mayor

Any decision of the Combined Authority to amend the Mayor’s Transport Plan requires at least three of the members to vote in favour of the amendment.

Funding:  Mayor’s budget

Mayor

Under Combined Authorities (Finance) Order 2017 three quarters majority of the members of the Combined Authority may veto the Mayor’s draft budget.

The 2017 Order provides that the Mayor must notify the Combined Authority of his/her draft budget before 1st February. 

Funding:  The constituent councils must ensure that the reasonable costs of the Combined Authority are met.

The Mayor must agree with the Combined Authority the total expenditure before spending that amount.

The cost to be shared by agreement between the constituent councils or in line with the total resident population.

The costs relating to transport must be met by means of a levy to the constituent councils.

 

Funding:  Costs reasonably incurred by the Mayor in the exercise of Mayoral functions, where the Mayor has not decided to meet these costs from other resources are to be payable by the constituent councils.

The Mayor must agree with the Combined Authority the total expenditure before spending that amount.

 

Police and Crime Commissioner functions.

Mayor

The Mayor can make certain delegations to the Deputy Mayor for Policing and Crime (under Section 18 of the Police Reform and Social Responsibility Act 2011).

Fire and Rescue functions.

Mayor

The Mayor can make arrangements for certain functions to be delegated to the Deputy Mayor for Policing and Crime, or a Fire Committee of the Combined Authority.