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 and D] in section 103, F2 ...

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 [F6 (3A) An order under this section adding or removing a local government area to or from an existing area of a mayoral combined authority may be made only if—

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

(b) the mayor for the area of the combined authority consents.

(3AA) An order under this section adding or removing a local government area to or from an existing area of a combined authority which is not a mayoral combined authority may be made only if—

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

(b) the combined authority consents.]

(3B) For the purposes of [F7 subsections (3A)(a) and (3AA)(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) [F8 or (3AA)(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.

[F9 (3CA) The question of whether to consent under subsection (3AA)(b) to an order under this section is to be decided at a meeting of the combined authority by a simple majority of the voting members of the authority who are present at the meeting.

(3CB) Subsection (3CA) applies instead of—

(a) any provision of an order under section 104(1) made before the coming into force of that subsection which is about the procedure applying to a decision on a question of the kind mentioned in that subsection, and

(b) any provision made by a combined authority about its constitution under such an order about such procedure.]

[F10 (3D) Where an order under subsection (1)(b) is made as a result of the duty in section 105B(5) or 107B(4)—

(a) subsection (2) does not apply, and

(b) neither subsection (3A) nor subsection (3AA) applies.]

[F11 (3E) Subsection (3F) applies if a combined authority has made provision about its constitution under an order under section 104(1).

(3F) A decision about any change to that provision as a result of an order under this section is to be decided at a meeting of the combined authority by a simple majority of the voting members of the authority who are present at the meeting.

(3G) Subsection (3F) applies instead of—

(a) any provision of an order under section 104(1) made before the coming into force of that subsection which is about the procedure applying to a decision on a question of the kind mentioned in that subsection, and

(b) any provision made by a combined authority about its constitution under such an order about such procedure.

(3H) A reference in this section to a voting member—

(a) includes a substitute member who may act in place of a voting member;

(b) does not include a non-constituent member.]

(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 [F12 or a combined county authority].

(7) Subsection (4) does not apply if the area becomes part of ]

[F13 (a)] 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)

[F14 , or

(b) the area of a combined county authority by virtue of regulations under section 9(1) or 25(1) of the Levelling-up and Regeneration Act 2023.]

Textual Amendments

F1 Words in s. 106(2)(a) 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. 12(3), 25(2)

F2 Word in s. 106(2)(a) 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), s. 25(2), Sch. 5 para. 20

F3 S. 106(2)(b) 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. 14(5)(a), 25(2)

F4 S. 106(3) 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. 14(5)(b), 25(2)

F5 S. 106(3A)(3AA) substituted for s. 106(3A) (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 59(4), 255(2)(e) (with s. 247)

F6 S. 106(3A)-(3D) 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(5)(c), 25(2)

F7 Words in s. 106(3B) substituted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 59(5), 255(2)(e) (with s. 247)

F8 Words in s. 106(3C) inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 59(6), 255(2)(e) (with s. 247)

F9 S. 106(3CA)(3CB) inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 59(7), 255(2)(e) (with s. 247)

F10 S. 106(3D) substituted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 59(8), 255(2)(e) (with s. 247)

F11 S. 106(3E)-(3H) inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 59(9), 255(2)(e) (with s. 247)

F12 Words in s. 106(6) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 190(2) (with s. 247)

F13 S. 106(7)(a): words in s. 106(7) renumbered as s. 106(7)(a) (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 190(3)(a) (with s. 247)

F14 S. 106(7)(b) and word inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 190(3)(b) (with s. 247)

Modifications etc. (not altering text)

C1 S. 106 restricted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 60, 255(2)(e) (with s. 247)

Commencement Information

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