Article 40

(1)

The following provisions apply in relation to the West Surrey shadow authority, notwithstanding that it does not have the functions and full powers of a local authority—

(a)

the following provisions of the Local Democracy, Economic Development and Construction Act 2009^f1—

(i)

section 109A (proposal for new combined authority)^f2; and

(ii)

section 110 (requirements in connection with establishment of combined authority)^f3;

(b)

the following provisions of the 1972 Act—

(i)

section 3 (chairman);

(ii)

section 5 (vice-chairman);

(iii)

Parts 5 and 5A (general provisions as to members and proceedings of local authorities, access to meetings and documents of certain authorities, committees and sub-committees);

(iv)

section 103 (expenses of joint committees);

(v)

section 106 (standing orders);

(vi)

section 146 (transfer of securities on alteration of area, etc.);

(vii)

section 178 (regulations as to allowances); and

(viii)

section 245 (status of certain districts, parishes and communities).

(2)

The West Surrey shadow authority, notwithstanding that it does not have the functions and full powers of a local authority, is to be treated—

(a)

for the purposes of the Local Audit and Accountability Act 2014^f4 and any regulations made under that Act as if it were a district council;

(b)

for the purposes of section 101 of the 2000 Act (indemnification of members and officers of relevant authorities), as a relevant authority;

(c)

for the purposes of Part 1 of the Local Government Act 2003^f5 (capital finance etc and accounts), as a local authority;

(d)

for the purposes of the Local Authorities (Standing Orders) (England) Regulations 2001^f6, as a relevant authority;

(e)

for the purposes of the Data Protection Act 2018^f7, as a public authority; and

(f)

for the purposes of the Freedom of Information Act 2000^f8, as a public authority.

Annotations

Footnotes

f1: 2009 c. 20.
f2: Section 109A was added by the Levelling-up and Regeneration Act 2023 (c. 55).
f3: Section 110 was amended by the Cities and Local Government Devolution Act 2016 (c. 1), and by the Levelling-up and Regeneration Act 2023.
f4: 2014 c. 2.
f5: 2003 c. 26.
f6: S.I. 2001/3384.
f7: 2018 c. 12.
f8: 2000 c. 36.