Part 2Local democracy and devolution

Chapter 2Other provision

Combined authorities

I159Consent to changes to combined authority’s area

1

The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.

2

In section 104 (constitution of combined authority), after subsection (11) insert—

11A

If the only provision made under this section in an order under this Part is provision as a result of an order under section 106 (changes to boundaries of combined authority’s area)—

a

subsection (10) does not apply to the order under this Part, and

b

subsections (3A) to (3H) of section 106 apply in relation to the order as if it contained the provision made by the order under section 106.

3

Section 106 (changes to boundaries of combined authority’s area) is amended in accordance with subsections (4) to (9).

4

For subsection (3A) substitute—

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.

5

In subsection (3B), for “subsection (3A)(a)” substitute “subsections (3A)(a) and (3AA)(a)”.

6

In subsection (3C), after “subsection (3A)(a)” insert “or (3AA)(a)”.

7

After subsection (3C) insert—

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.

8

For subsection (3D) substitute—

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.

9

After subsection (3D) insert—

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.