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
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
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.