OpenLegislation

Introductory text

England and Wales

LOCAL GOVERNMENT, ENGLAND

TRANSPORT, ENGLAND

Made 23rd February 2026

Coming into force in accordance with article 1(2) and (3)

The Secretary of State makes this Order in exercise of the powers conferred by sections 103(1), 104(1), 104C(1) and (6), 105(1) and (3), 105A(1), (2) and (3), 107A(1), 107D(1), (5), (7) and (8), 107E(1) and (2), 113D, 114(1) and (3) and 117(1A) and (5) of, paragraph 3 of Schedule 5A to, and paragraph 3 of Schedule 5B to, the Local Democracy, Economic Development and Construction Act 2009f1 (“the 2009 Act”) and section 3(5)(b) of the Local Audit and Accountability Act 2014f2.

In making this Order, the Secretary of State—

  1. (a)

    is satisfied that the area to which this Order relates meets the conditions set out in section 103(2) and (5) of the 2009 Actf3;

  2. (b)

    considers that the making of the Order is likely to improve the economic, social and environmental well-being of some or all of the people who live and work in the area to which the Order relates, in accordance with sections 105B(1)(b) and 110(1)(a) of the 2009 Actf4;

  3. (c)

    has had regard to the need to secure effective and convenient local government and to reflect the identities and interests of local communities, in accordance with section 110(1)(aa) of the 2009 Act;

  4. (d)

    has carried out a consultation in accordance with section 110(2) of the 2009 Act;

  5. (e)

    considers that the functions specified in articles 8 and 14 can appropriately be exercised by the Combined Authority.

In accordance with sections 104(10), 105(3A), 105B(1)(b), 107B(3)(a), 107D(9) and 110(1)(b) of the 2009 Act, Cumberland Council and Westmorland and Furness Council have consented to the making of this Order.

In accordance with section 105B(9) of the 2009 Act, the Secretary of State has laid a report before Parliament explaining the effect of this Order and why the Secretary of State considers it appropriate to make this Order.

A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 117(2) and (3A) of the 2009 Act.

Annotations

Footnotes

f1

2009 c. 20. Section 104 was amended by sections 8 and 14 of, and Schedule 5 to, the Cities and Local Government Devolution Act 2016 (c. 1) (“the 2016 Act”) and by section 64 of the Levelling-up and Regeneration Act 2023 (c. 55) (“the 2023 Act”). Section 104C was inserted by section 64 of the 2023 Act. Section 105 was amended by sections 6, 9 and 14 of the 2016 Act and by section 64 of the 2023 Act. Section 105A was inserted by section 7 of the 2016 Act. Section 107A was inserted by section 2 of the 2016 Act. Sections 107D and 107E were inserted by section 4 of the 2016 Act and section 107D was amended by section 64 of the 2023 Act. Section 114 was amended by Schedule 5 to the 2016 Act. Section 107G was inserted by section 5(3) of the 2016 Act. Section 117 was substituted by section 13(2) of the Localism Act 2011 (c. 20), and amended by Schedule 5 to the 2016 Act and section 68 of the 2023 Act. Schedule 5A was inserted by section 8 of, and Schedule 3 to, the 2016 Act and amended by S.I. 2021/1265. Schedule 5B was inserted by section 2 of, and Schedule 1 to, the 2016 Act and amended by section 70 of the 2023 Act. There are other amendments to these provisions but none is relevant.

f2

2014 c. 2.

f3

Section 103(5) was amended by paragraph 189 of Schedule 4 to the 2023 Act.

f4

Section 105B was inserted by section 7 of the Cities and Local Government Devolution Act 2016 (“the 2016 Act”). Section 110(1) to (3) was substituted by section 14(7) of the 2016 Act. Section 110(1)(a) to (ab) was substituted by section 65(5) of the Levelling-up and Regeneration Act 2023.