Local Democracy, Economic Development and Construction Act 2009

Requirements in connection with orders about combined authorities E+W

F1 108 Review by authorities: new combined authority E+W

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Textual Amendments

F1 S. 108 omitted (26.12.2023) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 65(2), 255(2)(h) (with ss. 65(9), 247)

F2 109 Preparation and publication of scheme: new combined authority E+W

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Textual Amendments

F2 S. 109 omitted (26.12.2023) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 65(2), 255(2)(h) (with ss. 65(9), 247)

[F3 109A Proposal for new combined authority E+W

(1) One or more authorities to which this section applies may—

(a) prepare a proposal for the establishment of a combined authority for an area, and

(b) submit the proposal to the Secretary of State.

(2) This section applies to the following authorities—

(a) a county council the whole or any part of whose area is within the proposed area;

(b) a district council whose area is within the proposed area;

(c) an EPB the whole or any part of whose area is within the proposed area;

(d) an ITA the whole or any part of whose area is within the proposed area;

(e) a combined county authority the whole or any part of whose area is within the proposed area.

(3) In this section—

• “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

• “the proposed area” means the area for which the combined authority is proposed to be established.

(4) Before submitting a proposal under this section to the Secretary of State, the authority or authorities preparing the proposal must—

(a) carry out a public consultation across the proposed area on the proposal, and

(b) have regard to the results of the consultation in preparing the proposal for submission to the Secretary of State.

(5) The requirements in subsection (4) may be satisfied by things done before the coming into force of this section.

(6) If a proposal under this section is not submitted by all of the authorities to which this section applies, each authority which does not submit the proposal must consent to its submission to the Secretary of State.

(7) A proposal under this section must specify the purposes to be achieved by the establishment of the combined authority.

(8) The Secretary of State may by regulations—

(a) make further provision about the matters which must be addressed by a proposal under this section;

(b) make provision about material which must be included in or submitted with a proposal under this section.

(9) Regulations under subsection (8) may make incidental, supplementary, consequential, transitional, transitory or saving provision.]

Textual Amendments

F3 S. 109A inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 65(3), 255(2)(h) (with ss. 65(9), 247)

110 Requirements in connection with establishment of combined authority E+W

[F4 (1) The Secretary of State may make an order establishing a combined authority for an area only if—

[F5 (a) the Secretary of State considers that to do so is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area,

(aa) the Secretary of State considers that to do so is appropriate having regard to the need—

(i) to secure effective and convenient local government, and

(ii) to reflect the identities and interests of local communities,

(ab) where a proposal for the establishment of the combined authority has been submitted under section 109A, the Secretary of State considers that its establishment will achieve the purposes specified under subsection (7) of that section,]

(b) the constituent councils consent, and

(c) any consultation required by subsection (2) has been carried out.

[F6 (1A) If a proposal for the establishment of the combined authority has been submitted under section 109A, the Secretary of State must have regard to the proposal in making the order.]

(2) The Secretary of State must carry out a public consultation unless—

[F7 (a) a proposal has been prepared under section 109A,

(b) a public consultation has been carried out in connection with the proposal and the Secretary of State has been provided with a summary of the consultation responses, and]

(c) the Secretary of State considers that no further consultation is necessary.

(3) In this section “constituent council” means—

(a) a county council the whole or any part of whose area is within the area for which the combined authority is to be established, or

(b) a district council whose area is within the area for which the combined authority is to be established.]

[F8 (3A) Subsection (3B) applies where the Secretary of State is considering whether to make an order establishing a combined authority for an area and—

(a) part of the area is separated from the rest of it by one or more local government areas that are not within the area, or

(b) a local government area that is not within the area is surrounded by local government areas that are within the area.

(3B) In deciding whether to make the order, the Secretary of State must have regard to the likely effect of the creation of the proposed combined authority on the exercise of functions equivalent to those of the proposed combined authority's functions in each local government area that is next to any part of the proposed combined authority area.]

F9 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 S. 110(1)-(3) substituted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 14(7), 25(2)

F5 S. 110(1)(a)-(ab) substituted for s. 110(1)(a) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 65(5), 255(2)(h) (with ss. 65(9)(10), 247)

F6 S. 110(1A) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 65(6), 255(2)(h) (with ss. 65(9)(10), 247)

F7 S. 110(2)(a)(b) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 65(7), 255(2)(h) (with ss. 65(9)(10), 247)

F8 S. 110(3A)(3B) inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 12(5), 25(2)

F9 S. 110(4) omitted (26.12.2023) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 65(8), 255(2)(h) (with ss. 65(9)(10), 247)

Commencement Information

I1 S. 110 in force at 17.12.2009 by S.I. 2009/3318, art. 2(a)

F10 111 Review by authorities: existing combined authority E+W

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Textual Amendments

F10 S. 111 omitted (26.10.2023) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 66(2), 255(2)(i) (with ss. 66(10)(12), 247)

F11 112 Preparation and publication of scheme: existing combined authority E+W

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Textual Amendments

F11 S. 112 omitted (26.10.2023) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 66(2), 255(2)(i) (with ss. 66(10)(12), 247)

[F12 112A Proposal for changes to existing combined arrangements E+W

(1) One or more authorities to which this section applies may—

(a) prepare a proposal for the making of an order under section 104, 105, 105A, 106, 107, 107A, 107D or 107F in relation to an existing combined authority, and

(b) submit the proposal to the Secretary of State.

(2) This section applies to the following authorities—

(a) the combined authority;

(b) a county council the whole or any part of whose area is within the area of the combined authority;

(c) a district council whose area is within the area of the combined authority;

(d) in the case of a proposal for the making of an order under section 106 to add all or part of the area of a county council to the area of the combined authority, that county council;

(e) in the case of a proposal for the making of an order under section 106 to add the area of a district council to the area of the combined authority, that district council.

(3) Before submitting a proposal under this section to the Secretary of State, the authority or authorities preparing the proposal must—

(a) carry out a public consultation across—

(i) the area of the combined authority, and

(ii) in the case of a proposal for the making of an order under section 106 to add a local government area to the area of the combined authority, that local government area, and

(b) have regard to the results of the consultation in preparing the proposal for submission to the Secretary of State.

(4) The requirements in subsection (3) may be satisfied by things done before the coming into force of this section.

(5) Before a proposal under this section for the making of an order is submitted to the Secretary of State, each person who would have to consent to the making of the order must consent to the submission of the proposal.

(6) If a proposal under this section is submitted to the Secretary of State by an authority, the authority is to be treated as having consented to its submission for the purposes of subsection (5).

(7) In determining for the purposes of subsection (5) who would have to consent to the making of an order under section 105A, subsections (3) and (4) of section 105B (limited consent requirements) are to be disregarded.

(8) In determining for the purposes of subsection (5) who would have to consent to the making of an order under section 107A, section 107B(3)(b) (limited consent requirements) is to be disregarded.

(9) A proposal under this section must specify the purposes to be achieved by the order which it proposes should be made.

(10) The Secretary of State may by regulations—

(a) make further provision about the matters which must be addressed by a proposal under this section;

(b) make provision about material which must be included in or submitted with a proposal under this section.

(11) Regulations under subsection (10) may make incidental, supplementary, consequential, transitional, transitory or saving provision.]

Textual Amendments

F12 S. 112A inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 66(3), 255(2)(i) (with ss. 66(10)(12), 247)

113 Requirements in connection with changes to existing combined arrangements E+W

[F13 (1) The Secretary of State may make an order under section 104, 105, [F14 105A, 106, 107, 107A, 107D or 107F] in relation to an existing combined authority only if—

[F15 (a) the Secretary of State considers that to do so is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area,

(aa) the Secretary of State considers that to do so is appropriate having regard to the need—

(i) to secure effective and convenient local government, and

(ii) to reflect the identities and interests of local communities,

(ab) where a proposal for the making of the order has been submitted under section 112A, the Secretary of State considers that making the order will achieve the purposes specified under subsection (9) of that section, and]

(b) any consultation required by subsection (2) has been carried out.

[F16 (1A) If a proposal for the making of the order has been submitted under section 112A, the Secretary of State must have regard to the proposal in making the order.]

(2) The Secretary of State must carry out a public consultation unless—

[F17 (a) a proposal has been prepared under section 112A,

(b) a public consultation has been carried out in connection with the proposal and the Secretary of State has been provided with a summary of the consultation responses, and]

(c) the Secretary of State considers that no further consultation is necessary.]

[F18 (2A) Subsection (2B) applies where the Secretary of State is considering whether to make an order under section 106 and—

(a) part of the area to be created is separated from the rest of it by one or more local government areas that are not within the area, or

(b) a local government area that is not within the area to be created is surrounded by local government areas that are within the area.

(2B) In deciding whether to make the order under section 106, the Secretary of State must have regard to the likely effect of the change to the combined authority's area on the exercise of functions equivalent to those of the combined authority's functions in each local government area that is next to any part of the area to be created by the order.]

F19 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20 (4) This section does not apply to an order under section 106(1)(b) that is made as a result of the duty in section 105B(5) or 107B(4).]

Textual Amendments

F13 S. 113(1)-(2) substituted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 14(8), 25(2)

F14 Words in s. 113(1) substituted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 66(5), 255(2)(i) (with ss. 66(10)(12), 247)

F15 S. 113(1)(a)-(ab) substituted for s. 113(1)(a) (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 66(6), 255(2)(i) (with ss. 66(10)(12), 247)

F16 S. 113(1A) substituted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 66(7), 255(2)(i) (with ss. 66(10)(12), 247)

F17 S. 113(2)(a)(b) substituted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 66(8), 255(2)(i) (with ss. 66(10)(12), 247)

F18 S. 113(2A)(2B) inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 12(6), 25(2)

F19 S. 113(3) omitted (26.10.2023) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 66(9), 255(2)(i) (with ss. 66(10)(12), 247)

F20 S. 113(4) inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 5 para. 24

Commencement Information

I2 S. 113 in force at 17.12.2009 by S.I. 2009/3318, art. 2(a)