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Prospective
39E+WAfter section 47 insert—
(1)The Secretary of State may prepare a proposal under this section to add a local government area to an existing area of a CCA only if the following requirements are met.
(2)The local government area, or any part of it, is not within the area of a combined authority or CCA.
(3)At the time the Secretary of State starts to prepare the proposal—
(a)no relevant proposals have been submitted to the Secretary of State in relation to the local government area (or any part of that area), or
(b)a relevant proposal has been so submitted but the Secretary of State does not consider it to be a viable proposal.
(4)A “relevant proposal” is a proposal—
(a)under section 109A of the Local Democracy, Economic Development and Construction Act 2009 to establish a new combined authority;
(b)under section 45 to establish a new combined county authority;
(c)under section 112A of the Local Democracy, Economic Development and Construction Act 2009 to add an area to the existing area of a combined authority;
(d)under section 47 to add an area to the existing area of a combined county authority.
(5)The Secretary of State has had regard to whether the statutory test would be met in relation to the regulations that would give effect to the proposal (and for that purpose the reference in the statutory test to “the area” is to the proposed area).
(6)The Secretary of State must give notice of any proposal prepared under subsection (1) (including a copy of the proposal) to—
(a)any county council whose area would be added to the area of the CCA,
(b)any unitary district council whose area would be added to the area of the CCA,
(c)if the CCA is a mayoral CCA, the mayor,
(d)the constituent councils of the CCA, and
(e)any other persons that the Secretary of State considers appropriate.
(7)The notice under subsection (6) must specify the period before the end of which any notified person may make representations in writing to the Secretary of State.
(8)In this section—
“notified person” means a person notified about a proposal under this section in accordance with subsection (6);
“proposed area” means the area of a CCA after the local government area that is proposed to be added to it has been added to the area;
“statutory test” has the meaning given by section 46(6).”
Commencement Information
I1Sch. 1 para. 39 not in force at Royal Assent, see s. 108(1)(3)(6)
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