Local Democracy, Economic Development and Construction Act 2009

105Constitution and functions: [F1local authority functions generally]E+W

This section has no associated Explanatory Notes

(1)The Secretary of State may by order make in relation to a combined authority any provision that may be made in relation to an EPB under section 91 (exercise of local authority functions).

[F2(2)Section 91(5) does not apply in relation to functions exercisable by a combined authority by virtue of subsection (1).]

(3)The Secretary of State may by order make in relation to a combined authority any provision that may be made in relation to an EPB under section 92 (funding).

[F3(3ZA)But section 92, in its application to a combined authority by virtue of subsection (3), is subject to regulations under section 104C(1) (combined authority membership).]

[F4(3A)An order under this section may be made in relation to a combined authority only with the consent of—

(a)the constituent councils (as defined by section 104(11)), and

(b)in the case of an order in relation to an existing combined authority, the combined authority.

(3B)Subsection (3A) is subject to section 106A.]

F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 105 heading 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. 6(2)(b), 25(2)

F2S. 105(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. 6(2)(a), 25(2)

F4S. 105(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. 14(4), 25(2)

F5S. 105(4) omitted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by virtue of Cities and Local Government Devolution Act 2016 (c. 1), ss. 9(5), 25(2)

Commencement Information

I1S. 105 in force at 17.12.2009 by S.I. 2009/3318, art. 2(a)