Statutory Instruments
Local Government, England
Made
22nd December 2016
Coming into force in accordance with article 1
The Secretary of State makes the following Order in exercise of the powers conferred by sections 104(1)(a), 105(1) and (3), 105A(1)(a) and (b), (2), (3)(b), (6) and (7), 107D(1) and (7)(c), (d) and (e), 107E(1), 114 and 117(5) of the Local Democracy, Economic Development and Construction Act 2009(1) (“the 2009 Act”).
The Secretary of State, having regard to a scheme prepared and published under section 112 of the 2009 Act(2), considers that—
(a)the making of this Order is likely to improve the exercise of statutory functions in the area to which this Order relates, and
(b)any consultation required by section 113(2) of the 2009 Act(3) has been carried out.
In making this Order, the Secretary of State has had regard to the need to reflect the identities and interests of local communities, and the need to secure effective and convenient local government(4).
In accordance with sections 104(10), 105(3A) and 105B(2)(5) of the 2009 Act the Greater Manchester Combined Authority and the district councils whose areas are comprised in the area of that Combined Authority have consented to the making of this Order.
A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 117(2) of the 2009 Act.
In accordance with section 105B(9) of the 2009 Act the Secretary of State has laid before Parliament a report explaining the effect of this Order and why the Secretary of State considers it appropriate to make this Order.
2009 c. 20. Section 104 was amended by sections 8 and 14 of, and Schedule 5 to, the Cities and Local Government Devolution Act 2016 (c. 1). Section 105 was amended by sections 6, 9 and 14 of the Cities and Local Government Devolution Act 2016. Section 105A was inserted by section 7 of the Cities and Local Government Devolution Act 2016. Sections 107D and 107E were inserted by section 4 of the Cities and Local Government Devolution Act 2016. Section 114 was amended by section 23 of, and paragraphs 17 and 26 of Schedule 5 to, the Cities and Local Government Devolution Act 2016. Section 117(2), (2A) and (3) was substituted by section 13 of the Localism Act 2011 (c. 20). Section 117 was amended by sections 13 and 23 of, and paragraphs 17 and 29 of Schedule 5 to the Cities and Local Government Devolution Act 2016.
Section 112 was amended by sections 6 and 23 of, and paragraphs 17 and 23 of Schedule 5 to, the Cities and Local Government Devolution Act 2016.
Section 113 was amended by sections 12, 14 and 23 of, and paragraph 24 of Schedule 5 to, the Cities and Local Government Devolution Act 2016.
Section 113(3) of the 2009 Act requires the Secretary of State when making an order under sections 104, 105, 106 or 107 in relation to an existing combined authority to have regard to the need to reflect the identities and interests of local communities, and to secure effective and convenient local government.
Section 105B was inserted by section 7 of the Cities and Local Government Devolution Act 2016.