Part 2Local democracy and devolution

Chapter 1Combined county authorities

Functions of CCAs

I120Section 19 regulations: procedure

1

The Secretary of State may make regulations under section 19(1) only if—

a

a proposal for the making of the regulations in relation to the CCA has been made to the Secretary of State—

i

as part of a proposal under section 45, or

ii

in accordance with section 47, or

b

the appropriate consent is given and the Secretary of State considers that the making of the regulations is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area or areas to which the regulations relate.

2

For the purposes of subsection (1)(b), the appropriate consent is given to the making of regulations under section 19(1) only if—

a

in the case of regulations relating to an existing CCA, each appropriate authority consents;

b

in any other case, each constituent council consents.

3

The requirements in subsection (1) do not apply where the regulations are made under sections 19(1) and 30(1) in relation to an existing mayoral CCA and provide for a function—

a

to be a function of the CCA, and

b

to be a function exercisable only by the mayor.

See section 31 in relation to regulations of this kind.

4

The requirement in subsection (1)(b) for the appropriate consent to be given to the making of regulations under section 19(1) does not apply where—

a

the regulations revoke (in whole or in part), or otherwise amend, previous regulations under section 19(1), and

b

the only purpose of the regulations is to provide for a health service function of a CCA to cease to be exercisable by the CCA.

5

In subsection (4)(b) “health service function of a CCA” means a function which—

a

relates to the health service, as defined by section 275(1) of the National Health Service Act 2006, and

b

is exercisable by the CCA by virtue of regulations under section 19(1).

6

At the same time as laying a draft of a statutory instrument containing regulations under section 19(1) before Parliament, the Secretary of State must lay before Parliament a report explaining the effect of the regulations and why the Secretary of State considers it appropriate to make the regulations.

7

The report must include—

a

a description of any consultation taken into account by the Secretary of State,

b

information about any representations considered by the Secretary of State in connection with the regulations, and

c

any other evidence or contextual information that the Secretary of State considers it appropriate to include.

8

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

a

each constituent council, and

b

in the case of regulations in relation to an existing CCA, the CCA.