Local Democracy, Economic Development and Construction Act 2009

106 Changes to boundaries of a combined authority's area E+W

(1) The Secretary of State may by order change the boundaries of a combined authority's area by—

(a) adding a local government area to an existing area of a combined authority, or

(b) removing a local government area from an existing area of a combined authority.

(2) An order may be made under this section only if—

(a) the area to be created by the order meets [F1 conditions A to D] [F1 conditions A and D] in section 103, [F2 and]

(b) [F3 each council to whom this subsection applies consents to the making of the order.]

(3) [F4 Subsection (2) applies to—

(a) a county council whose area, or part of whose area, is to be added to or removed from the existing area of the combined authority;

(b) a district council whose area is to be added to or removed from the existing area of the combined authority.]

[F5 (3A) An order under this section adding or removing a local government area to or from an existing area of a combined authority may be made only if—

(a) the relevant council in relation to the local government area consents,

(b) the combined authority consents, and

(c) the mayor for the area of the combined authority (if it is a mayoral combined authority) also consents.

(3B) For the purposes of subsection (3A)(a), the “relevant council” in relation to a local government area is—

(a) if the local government area is the area of a county council, the county council;

(b) if the local government area is the area of a district council whose area does not form part of the area of a county council, the district council;

(c) if the local government area is the area of a district council whose area forms part of the area of a county council, the district council or the county council.

(3C) If there are two relevant councils in relation to a local government area by virtue of subsection (3B)(c), the condition in subsection (3A)(a) for the relevant council to consent is met if—

(a) in the case of an order under subsection (1)(a), either or both of the relevant councils consent;

(b) in the case of an order under subsection (1)(b), both of the relevant councils consent.

(3D) Subsections (2) and (3A) do not apply to an order under subsection (1)(b) that is made as a result of the duty in section 105B(5) or 107B(4).]

(4) Where by virtue of an order an area ceases to be part of the area of a combined authority, the order—

(a) must make provision for designating an authority to be a local transport authority for the area for the purposes of section 108(4) of the Transport Act 2000 (c. 38), and

(b) may transfer functions to that authority from the combined authority that was formerly the local transport authority.

(5) Provision made by virtue of subsection (4) may designate different authorities for different parts of the area.

(6) The reference in subsection (4)(a) to an authority does not include an ITA.

(7) Subsection (4) does not apply if the area becomes part of the integrated transport area of an ITA by virtue of an order under section 78 or 90 of the Local Transport Act 2008 (c. 26).

Textual Amendments

F1 Words in s. 106(2)(a) substituted (28.1.2016 for specified purposes) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 12(3), 25(2)

F2 Word in s. 106(2)(a) omitted (28.1.2016 for specified purposes) by virtue of Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 5 para. 20

F3 S. 106(2)(b) omitted (28.1.2016 for specified purposes) by virtue of Cities and Local Government Devolution Act 2016 (c. 1), ss. 14(5)(a), 25(2)

F4 S. 106(3) omitted (28.1.2016 for specified purposes) by virtue of Cities and Local Government Devolution Act 2016 (c. 1), ss. 14(5)(b), 25(2)

F5 S. 106(3A)-(3D) inserted (28.1.2016 for specified purposes) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 14(5)(c), 25(2)

Commencement Information

I1 S. 106 in force at 17.12.2009 by S.I. 2009/3318, art. 2(a)