West Midlands Combined Authority Order 2016

West Midlands Combined Authority Order 2016
Name	West Midlands Combined Authority Order 2016
Type	Statutory Instrument
Year	2016
Jurisdiction	United Kingdom
Related legislation	Cities and Local Government Devolution Act 2016, Local Democracy, Economic Development and Construction Act 2009
Made by	Parliament of the United Kingdom
Date made	2016
Status	Active

West Midlands Combined Authority Order 2016 was a statutory instrument that established a combined authority structure for a metropolitan area in the English West Midlands region. The Order created institutional arrangements drawing on precedents from Greater Manchester Combined Authority, Cambridgeshire and Peterborough Combined Authority, and provisions in the Cities and Local Government Devolution Act 2016. It formed the legal basis for devolved responsibilities and a directly elected executive in the West Midlands (county) area.

Background

The Order emerged from devolution negotiations involving Birmingham City Council, Coventry City Council, Dudley Metropolitan Borough Council, Sandwell Metropolitan Borough Council, Solihull Metropolitan Borough Council, Walsall Metropolitan Borough Council, and Wolverhampton City Council. Discussions were influenced by mayoral devolution deals agreed between local authorities and the Department for Communities and Local Government under ministers such as Greg Clark and James Brokenshire. The model followed the experiences of Greater Manchester Combined Authority and the legislative framework set by the Cities and Local Government Devolution Act 2016 and the earlier Localism Act 2011.

Provisions of the Order

The Order designated constituent and non-constituent members, established the geographic remit covering metropolitan districts of the West Midlands (county), and specified functions transferred from entities including West Midlands Police and Crime Commissioner arrangements and transport bodies like Transport for West Midlands. It provided for a directly elected metro mayor position similar to roles in London Mayor arrangements and the Tees Valley Combined Authority, with statutory duties for strategic planning, transport, and economic development traced to provisions in the Local Government Act 2000 and the Local Transport Act 2008.

Governance and Powers

Governance structures created by the Order included an elected executive mayor alongside a combined authority board consisting of leaders from constituent councils and appointed non-constituent members from bodies such as Black Country Local Enterprise Partnership and Coventry and Warwickshire Local Enterprise Partnership. The Order set voting arrangements and decision-making thresholds comparable to those in the Greater Manchester Combined Authority Order 2011. It allocated strategic functions for spatial planning, transport franchising powers akin to provisions used by Transport for London, and responsibilities for skills and employment policy similar to delegations in the Liverpool City Region Combined Authority.

Financial and Fiscal Arrangements

Financial provisions enabled agreements for devolved funding, borrowing powers subject to Her Majesty's Treasury approval, and pooled budget mechanisms comparable to city region fiscal frameworks. The Order facilitated a mayoral precept mechanism permitting the West Midlands Police and Crime Commissioner funding interface and allowed for capital and revenue grants from central departments including Department for Transport and Department for Education. Arrangements mirrored fiscal flexibilities negotiated in the Greater Manchester devolution deal and reflected constraints established by the Public Works Loan Board and Local Government Finance Act 1992.

Implementation and Transition

Transition provisions set timetables for vesting powers, staff transfer arrangements under Transfer of Undertakings (Protection of Employment) Regulations 2006 where applicable, and transitional governance while the first mayoralty election was prepared. The Order required coordination with statutory bodies including West Midlands Fire Service and planning authorities such as Birmingham Metropolitan Area Local Enterprise Partnership and aligned with national programmes like the City Deals initiative. Implementation paralleled processes undertaken by earlier combined authorities, involving cabinet decisions by constituent councils and ratification by the Parliament of the United Kingdom through affirmative instruments.

Legal Challenges and Judicial Review

Following enactment, the Order attracted legal scrutiny and challenges invoking judicial review principles applied in cases such as those considered by the High Court of Justice and the Court of Appeal of England and Wales. Challenge points included consultation adequacy under administrative law, compatibility with statutory duties of constituent local authorities, and human rights considerations adjudicated under precedents from cases involving European Convention on Human Rights obligations. Judicial outcomes referenced standing, justiciability, and proportionality doctrines developed in UK public law.

Impact and Reception

The Order reshaped regional governance in the West Midlands, drawing commentary from stakeholders including Confederation of British Industry, Trade Union Congress, local business groups, and civic organisations. Supporters cited potential benefits similar to those touted for Greater Manchester, Liverpool City Region, and West of England Combined Authority—notably on transport integration, housing delivery, and skills investment—while critics raised concerns echoed in debates involving Local Government Association and opposition parties like the Labour Party (UK) and Conservative Party (UK). The combined authority created under the Order continues to influence policy arenas intersecting with national initiatives such as Industrial Strategy and regional development frameworks.

Category:United Kingdom statutory instruments Category:Politics of the West Midlands (county)