The Legislative Reform (Combined Authorities and Economic Prosperity Boards) (England) Order 2015

This Order—

The Local Democracy, Economic Development and Construction Act 2009^f1 is amended as set out in the following articles.

In section 91(1) (exercise of local authority functions), after “an area” insert “all or part of which is”.

In section 95(2) (changes to boundaries of an EPB’s area), for paragraph (a) substitute—

“(a)

the area to be created by the order —

(i)

meets conditions A to D in section 88, or

(ii)

meets conditions A and D in section 88 and, in the opinion of the Secretary of State, meets condition F in that section, and”.

In section 98(3) (preparation and publication of a scheme: new EPB), for paragraph (c) substitute—

“(c)

either—

(i)

meets conditions A to C in section 88, or

(ii)

meets condition A in section 88 and, in the opinion of the authorities that have undertaken the review, meets condition F in that section.”.

In section 99 (requirements in connection with establishment of EPB), after subsection (4) insert—

“(5)

In deciding whether to make an order in a case within section 88(1)(b), the Secretary of State must have regard to the likely effect of the creation of the proposed EPB on economic development or regeneration in each local government area that is next to any part of the proposed EPB area.”.

After section 101 insert—

“Application in respect of change to constitution, functions or funding: existing EPB

101A

(1)

Any one or more of the authorities to whom this section applies may, in relation to an existing EPB, apply to the Secretary of State in respect of one or more EPB matters.

(2)

This section applies to—

(a)

the EPB;

(b)

a county council whose area, or part of whose area, is within the area of the EPB;

(c)

a district council whose area is within the area of the EPB.

(3)

For the purposes of this section an “EPB matter” is—

(a)

a matter in relation to which an order may be made under any of sections 89, 91 and 92; and

(b)

a matter concerning the EPB that the EPB has power to determine.

(4)

An application to the Secretary of State under subsection (1) must—

(a)

be made in writing;

(b)

specify how the exercise of the power to make an order under any one or more of sections 89, 91 and 92 would be likely to improve—

(i)

the exercise of statutory functions relating to economic development and regeneration in the area of the EPB, or

(ii)

economic conditions in the area of the EPB.

(5)

An application may be made under this section only if every authority to whom this section applies consents to the making of the application.”.

In section 104 (constitution and functions: transport), after subsection (2) insert—

“(2A)

An order under subsection (1)(c) may include provision for a function exercisable by a local authority in relation to an area all or part of which is comprised in the combined authority’s area to be exercisable by the combined authority in relation to the combined authority’s area.”.

In section 106 (changes to boundaries of a combined authority’s area), for subsection (2)(a) substitute—

“(a)

the area to be created by the order—

(i)

meets conditions A to D in section 103, or,

(ii)

meets condition A and D in section 103, and, in the opinion of the Secretary of State, meets condition F in that section, and”.

In section 109 (preparation and publication of scheme: new combined authority), for subsection (3)(c) substitute—

“(c)

either—

(i)

meets conditions A to C in section 103, or

(ii)

meets condition A in section 103 and, in the opinion of the authorities that have undertaken the review, meets condition F in that section.”.

In section 110 (requirements in connection with the establishment of combined authority) after subsection (4) insert—

“(5)

In deciding whether to make an order in a case within section 103(1)(b), the Secretary of State must have regard to the likely effect of the creation of the proposed combined authority on economic development, regeneration or transport in each local government area that is next to any part of the proposed combined authority area.”.

After section 112 insert—

“Application for change to constitution, functions or funding: existing combined authority

112A

(1)

Any one or more of the authorities to whom this section applies may, in relation to an existing combined authority, apply to the Secretary of State in respect of one or more combined matters.

(2)

This section applies to—

(a)

the combined authority;

(b)

a county council whose area, or part of whose area, is within the area of the combined authority;

(c)

a district council whose area is within the area of the combined authority.

(3)

For the purposes of this section a “combined matter” is—

(a)

a matter in relation to which an order may be made under section 104 or 105;

(b)

in relation to the combined authority or any executive body of the combined authority, where that body exists at the time of the review, a matter concerning the combined authority or the executive body that the combined authority has power to determine.

(4)

Any application to the Secretary of State made under subsection (1) must—

(a)

be made in writing;

(b)

specify how the exercise of the power to make an order under section 104 or 105 would be likely to improve—

(i)

the exercise of statutory functions relating to transport in the area of the combined authority,

(ii)

the effectiveness and efficiency of transport in that area,

(iii)

the exercise of statutory functions relating to economic development and regeneration in that area, or

(iv)

economic conditions in that area.

(5)

An application may be made under this section only if every authority to whom this section applies consents to the making of the application.”.

(This note is not part of the Order)