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Local Democracy, Economic Development and Construction Act 2009

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[F1107BRequirements in connection with orders under section 107AE+W+S+N.I.

This section has no associated Explanatory Notes

(1)The Secretary of State may make an order under section 107A in relation to a combined authority's area if a proposal for there to be a mayor for the authority's area has been made to the Secretary of State by the appropriate authorities.

(2)A proposal under subsection (1) may be included in a scheme prepared and published under section 109 or 112.

(3)An order under section 107A may also be made without any such proposal having been made if—

(a)the appropriate authorities consent, or

(b)in the case of an existing combined authority, there are one or more non-consenting constituent councils but the combined authority and at least two constituent councils consent.

(4)Where an order under section 107A is made by virtue of subsection (3)(b) of this section, the Secretary of State must make an order under section 106 to remove the area of each non-consenting constituent council from the existing area of the combined authority.

(5)For the purposes of this section “the appropriate authorities” are—

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

(b)each district council whose area is within the area for which the combined authority is, or is to be, established, and

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

and a “constituent council” is a council within paragraph (a) or (b).]

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Amendments (Textual)

F1Ss. 107A, 107B and cross-heading 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. 2(1), 25(2)

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