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The West Midlands Combined Authority (Functions and Amendment) Order 2017

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Statutory Instruments

2017 No. 510

Local Government, England

Transport, England

The West Midlands Combined Authority (Functions and Amendment) Order 2017

Made

30th March 2017

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)(a) and (3)(b), 107D(1), (5) and (7)(a) to (e), 113A, 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 combined 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 to secure effective and convenient local government(4).

In accordance with sections 104(10), 105(3A), 105B(2) and 107D(9) of the 2009 Act(5) the West Midlands Combined Authority and the 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.

Accordingly, the Secretary of State makes the following Order:

(1)

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) (“the 2016 Act”). Section 105 was amended by sections 6, 9 and 14 of the 2016 Act. Section 105A was inserted by section 7 of the 2016 Act. Section 107D was inserted by section 4 of the 2016 Act. Section 114 was amended by section 23 of, and Schedule 5 to, the 2016 Act. Section 117 was substituted by section 13 of the Localism Act 2011 (c. 20). Section 117 was amended by Schedule 5 to the 2016 Act.

(2)

Section 112 was amended by sections 6 and 23 of the 2016 Act.

(3)

Section 113 was amended by sections 12, 14 and 23 of, and Schedule 5 to, the 2016 Act.

(4)

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.

(5)

Sections 104(10) and 105(3A) were inserted by section 14 of the 2016 Act. Section 105B was inserted by section 7 of the 2016 Act. Section 107D was inserted by section 4 of the 2016 Act.

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