Local Democracy, Economic Development and Construction Act 2009

Revision of multi-area agreements

131 Responsible authorities

(1) Subject as follows, in this Part “the responsible authority”, in relation to a multi-area agreement, means—

(a) the authority that prepared the draft of the agreement, or

(b) in the case of an agreement approved under section 129, the authority nominated under section 128 in relation to the agreement.

(2) The local authorities to which the targets specified in a multi-area agreement relate may request the Secretary of State to agree to another one of those authorities becoming the responsible authority in relation to the agreement.

(3) A request under subsection (2) must be made in writing.

132 Revision proposals

(1) At any time while a multi-area agreement has effect by virtue of section 127 or 129, the responsible authority—

(a) may prepare and submit to the Secretary of State a revision proposal, and

(b) must do so if the Secretary of State so directs.

(2) In this Part “revision proposal”, in relation to a multi-area agreement, means a document proposing any or all of the following—

(a) the enlargement of the area covered by the agreement;

(b) changes to improvement targets specified in the agreement;

(c) the removal of improvement targets from the agreement;

(d) the addition of improvement targets to the agreement;

(e) the extension of the period specified in the agreement for which the agreement has effect.

(3) A revision proposal that proposes changes to an improvement target must specify—

(a) each person to whom the target relates, and

(b) where it does not relate to the whole of the area covered by the agreement, the part or parts of the area to which it relates.

(4) A revision proposal that proposes the addition of an improvement target must specify—

(a) each person to whom the target would relate, and

(b) where the target would not relate to the whole of the area covered by the agreement, the part or parts of the area to which it would relate.

(5) A direction under this section—

(a) may specify the date by which a revision proposal must be submitted to the Secretary of State;

(b) may be varied or revoked.

133 Preparation of revision proposal

(1) In preparing a revision proposal, the responsible authority must consult—

(a) each of the other local authorities for the area that would be covered by the multi-area agreement if the revision proposal were approved (“the agreement area”),

(b) each partner authority for that area, and

(c) such other persons as appear to it to be appropriate.

(2) In preparing a revision proposal, the responsible authority must co-operate with—

(a) each of the other local authorities for the agreement area, and

(b) each partner authority for that area,

in determining a change affecting that local authority or partner authority that is to be proposed by the revision proposal.

(3) In preparing a revision proposal, the responsible authority must have regard to any guidance issued by the Secretary of State.

(4) In determining a change affecting it that is to be proposed by the revision proposal, each of the other local authorities, and each partner authority, for the agreement area must—

(a) co-operate with the responsible authority, and

(b) have regard to any guidance issued by the Secretary of State.

134 Approval of revision proposal

(1) If a revision proposal relating to a multi-area agreement is submitted to the Secretary of State under section 132, the Secretary of State may by notice in writing to the responsible authority—

(a) approve the revision proposal,

(b) if the revision proposal was submitted to the Secretary of State pursuant to a direction under section 132(1)(b), require the responsible authority to modify the revision proposal, or

(c) reject the revision proposal.

(2) If the Secretary of State approves the revision proposal, the multi-area agreement has effect subject to the changes set out in the revision proposal.

(3) A requirement to modify a revision proposal operates for the purposes of section 132 as a direction under subsection (1)(b) of that section to prepare and submit a further revision proposal.