The York and North Yorkshire Combined Authority Order 2023

Transitional arrangements and asset transfers E+W

Transfer of property, rights and liabilities E+W

50.—(1) All property, rights and liabilities, including rights and liabilities in relation to contracts of employment, which immediately before 7th May 2024 were property, rights and liabilities of the FRA are to transfer to, and by virtue of this paragraph vest in, the Combined Authority on 6 May 2024.

(2) In relation to the property, rights and liabilities transferred by paragraph (1) and any property, rights and liabilities acquired in relation to the Combined Authority’s fire and rescue functions on or after 7th May 2024—

(a) all functions in relation to such property, rights and liabilities are to be exercised by the Mayor;

(b) all decisions relating to such property, rights and liabilities are to be made by the Mayor.

(3) Subject to article 45 nothing in paragraph (2) prevents the Mayor from making arrangements under section 107D(3) of the 2009 Act in relation to the matters mentioned in paragraph (2).

Commencement Information

I1 Art. 50 in force at 20.12.2023, see art. 1(2)

Secondments E+W

51.  In the case of a person who, immediately before 7th May 2024 is seconded to the FRA, the secondment is to have effect, beginning on 7th May, as a secondment to the Combined Authority.

Commencement Information

I2 Art. 51 in force at 20.12.2023, see art. 1(2)

Continuity E+W

52.—(1) The abolition of the FRA, the transfer or abolition of the FRA’s functions and the transfer of the FRA’s property, rights and liabilities do not affect the validity of anything done before the abolition or transfer.

(2) Paragraphs (3) to (5) apply where any functions, property, rights or liabilities are transferred by or under this Part from the FRA to the Combined Authority.

(3) 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 or rights transferred; and

(b) is in the process of being done by or in relation to the FRA immediately before 7th May 2024.

(4) There has effect as if made or done by or in relation to the Combined Authority—

(a) anything which was made or done by or in relation to the FRA 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 7th May 2024.

(5) The Combined Authority is to be substituted for the FRA 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 7th May 2024.

(6) In this article, a reference to the transfer of a function includes a reference to the abolition of a function and the conferral of a corresponding function on another person.

Commencement Information

I3 Art. 52 in force at 20.12.2023, see art. 1(2)

Transfers: supplementary provision E+W

53.—(1) All property, rights and liabilities transferred by this Part are to be transferred, notwithstanding that they may be or include—

(a) property, rights and liabilities that would not otherwise be capable of being transferred; or

(b) rights and liabilities under enactments.

(2) No right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property is to operate or become exercisable as a result of any transfer of land or other property by virtue of this Part, whether or not any consent required to the transfer has been obtained.

(3) No right to terminate or vary a contract or instrument is to operate or become exercisable, and no provision of a contract or relevant document is to operate or become exercisable or be contravened, by reason of the transfer made by this Part.

(4) Paragraphs (1) to (3) have effect in relation to—

(a) the grant or creation of an estate or interest in, or right over, any land or other property; or

(b) the doing of any other thing in relation to land or other property,

as they have effect in relation to the transfer made by this Part of land or other property.

(5) In paragraph (3), “relevant document” means—

(a) any enactment, other than an enactment contained in the 2009 Act;

(b) any subordinate legislation made otherwise than under that Act, or

(c) any deed or other instrument.

Commencement Information

I4 Art. 53 in force at 20.12.2023, see art. 1(2)

Extension of financial year of fire and rescue authority E+W

54.—(1) The following requirements are modified in the case of the FRA for the financial year which began on 1st April 2023.

(2) The requirement in section 3(3) of the Local Audit and Accountability Act 2014 (general requirements for accounts)(1) to prepare a statement of accounts for each financial year ending on 31st March is modified so that the period ends with 6th May 2024.

(3) The requirement in regulation 15(1)(a) of the Accounts and Audit Regulations 2015 (commencement of the period for the exercise of public rights)(2) is modified so that the responsible financial officer must ensure that the commencement of the period for the exercise of public rights takes place on such a day that ensures that the period referred to in regulation 14(1) of those Regulations (period for the exercise of public rights) begins on 18th June 2024.

(4) In this article, “responsible financial officer” has the meaning given in regulation 2(2) of the Accounts and Audit Regulations 2015.

Commencement Information

I5 Art. 54 in force at 20.12.2023, see art. 1(2)

Revocation E+W

55.  The Police, Fire and Crime Commissioner for North Yorkshire (Fire and Rescue Authority) Order 2018(3) is revoked.

Commencement Information

I6 Art. 55 in force at 20.12.2023, see art. 1(2)

(1)

2014 c. 2.

(2)

S.I. 2015/234. Relevant amendments were made by S.I. 2020/404, 2021/263, and 2021/565.

(3)

S.I. 2018/290.