The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017

Interpretation E+W

2.—(1) In this Order—

“the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;

[F1 “the 2023 Act” means the Levelling-up and Regeneration Act 2023;]

“excluded matter” means any matter which is a local crime and disorder matter within the meaning of section 19 of the Police and Justice Act 2006(1) or a matter of any description specified in an order made by the Secretary of State for the purposes of section 9FC of the Local Government Act 2000(2);

[F1 “independent remuneration panel” has the meaning given in article 16;]

“mayor” means the mayor for the area of a combined authority established in an order made under section 107A of the 2009 Act [F2 or, as the case may be, for the area of a combined county authority established in regulations made under section 27 of the 2023 Act];

“member” in relation to membership of an overview and scrutiny committee includes the chair of that overview and scrutiny committee;

“[F3 non-constituent] council” means a council designated as a [F3 non-constituent] council in an order made under section 103(1) of the 2009 Act;

F4 ...

[F1 “principal council” has the same meaning as in the Local Government Act 1972;]

“proper officer” has the same meaning as in section 270(3) of the Local Government Act 1972(3);

[F1 “substitute member” means any person appointed to act as a member of a combined authority or, as the case may be, of a combined county authority, in the absence of a member of that authority].

(2) For the purposes of this Order a person (“R”) is a relative of another person if R is—

(a) the other person’s spouse or civil partner,

(b) living with the other person [F5 as if they were a married couple or] civil partners,

(c) a grandparent of the other person,

(d) a lineal descendant of a grandparent of the other person,

(e) a parent, sibling or child of a person within paragraph (a) or (b),

(f) the spouse or civil partner of a person within paragraph (c), (d) or (e), or

(g) living with a person within paragraph (c), (d) or (e) [F6 as if they were a married couple or] civil partners.

[F7 (3) For the purposes of this Order, any reference to a council which can nominate a non-constituent member of a combined authority or a combined county authority, means any council which has been designated as a nominating body in relation to the appointment of a non-constituent member of a combined authority or, as the case may be, a combined county authority, or is a member of a body which has been so designated—

(a) in the case of a combined authority, under section 104A(1) of the 2009 Act; or

(b) in the case of a combined county authority, under section 11(1) of the 2023 Act.

(4) For the purposes of this Order, an elected mayor (as defined in section 9H(1) of the Local Government Act 2000) of any council is to be treated as a member of that council.]

Textual Amendments

F1 Words in art. 2(1) inserted (7.5.2024) by The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024 (S.I. 2024/430), regs. 1(2)(b)(ii), 3(a)(i)

F2 Words in art. 2(1) inserted (7.5.2024) by The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024 (S.I. 2024/430), regs. 1(2)(b)(ii), 3(a)(ii)

F3 Words in art. 2(1) substituted (7.5.2024) by The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024 (S.I. 2024/430), regs. 1(2)(b)(ii), 3(a)(iii)

F4 Words in art. 2(1) omitted (7.5.2024) by virtue of The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024 (S.I. 2024/430), regs. 1(2)(b)(ii), 3(a)(iv)

F5 Words in art. 2(2)(b) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 104(a)

F6 Words in art. 2(2)(g) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 104(b)

F7 Art. 2(3)(4) inserted (7.5.2024) by The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024 (S.I. 2024/430), regs. 1(2)(b)(ii), 3(b)

Commencement Information

I1 Art. 2 in force at 8.5.2017, see art. 1

(1)

2006 c. 48. Section 19 was amended by section 126 of the Local Government and Public Involvement in Health Act 2007 (c. 28) and by paragraph 80 of Schedule 3 to and paragraph 1 of Part 4 of Schedule 25 to the Localism Act 2011 (c. 20).

(2)

2000 c. 22. Section 9FC was inserted by section 21 of and Schedule 2 to the Localism Act 2011.

(3)

c. 70. Section 270 was amended by paragraph 20 of Schedule 23 to the Local Government, Planning and Land Act 1980 (c. 65), sections 1, 84 and 102 of, paragraph 34 of Schedule 14 to and paragraph 8 of Schedule 16 and Schedule 17 to the Local Government Act 1985 (c. 51), sections 21, 23 and 27 of and paragraph 10 of Schedule 6 to the Norfolk and Suffolk Broads Act 1988 (c. 4), section 4 of and paragraph 28 of Schedule 2 to Planning (Consequential Provisions) Act 1990 (c. 11), section 29 of and paragraph 1 of Schedule 4 to the Local Government Act 1992 (c. 19), section 46 of and paragraph 12 of Schedule 3 to the Local Government Act 2000, section 1 and paragraph 1 of Part 10 of Schedule 1 to the Statute Law (Repeals) Act 2004 (c. 14), section 74 of and paragraph 10 of Schedule 3 to the Local Government and Public Involvement in Health Act 2007, section 119 of and paragraph 38 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009, section 22 of and paragraph 6 of Schedule 3 to the Localism Act 2011, section 59 of and paragraph 6 of Schedule 13 to the Deregulation Act 2015 (c. 20) and by section 23 of and paragraph 5 of Schedule 5 to the Cities and Local Government Devolution Act 2016.