Explanatory note

The Order is made under the provisions of the Legislative and Regulatory Reform Act 2006 (c. 51) to remove burdens in the Local Democracy, Economic Development and Construction Act 2009 (c.20) (“the 2009 Act”) on local authorities wishing to set up an economic prosperity board or combined authority or review the arrangements of an existing economic prosperity board or combined authority. Economic prosperity boards and combined authorities may be formed in local government areas in England.

Articles 3 and 12 enable local authorities that do not have contiguous boundaries to form economic prosperity boards and combined authorities where the Secretary of State considers that the local authorities can collaborate effectively in the exercise of the specified statutory functions.

Article 4 allows an economic prosperity board to exercise a function of a county council for a county where either all or part of the county is in the economic prosperity board’s area.

Articles 5 and 14 enable economic prosperity boards and combined authorities consisting of local authorities that do not have contiguous boundaries to make changes in boundaries.

Articles 6 and 15 enable local authorities that do not have contiguous boundaries to the prepare and publish of a scheme for a new economic prosperity board or combined authority.

Articles 7 and 16 set out the criteria the Secretary of State must consider when determining whether or not local authorities that do not have contiguous boundaries may form an economic prosperity board or a combined authority.

Articles 8, 9, 11, 17, 18 and 20 amend sections 100 and 111 of the 2009 Act to remove the requirement that a combined authority must undertake a review if it wishes to make a change to the constitution and functions of a combined authority in relation to transport, economic development and regeneration. Articles 10 and 19 insert, as an alternative procedure, sections 101A and 112A to require local authorities that wish to make changes to the constitution, functions or funding to make an application directly to the Secretary of State.

Article 13 allows a county council to delegate its transport function to a combined authority where the combined authority area includes only part of the county council’s area.

An impact assessment has not been produced for this instrument as no impact on the costs of business or the voluntary sector is foreseen.