Introductory text

Draft Order laid before Parliament under section 117(2) of the Local Democracy, Economic Development and Construction Act 2009 (c. 20), for approval by resolution of each House of Parliament.

LOCAL GOVERNMENT, ENGLAND

TRANSPORT, ENGLAND

Made ***

Coming into force in accordance with article 1(1)

The Secretary of State makes this Order in exercise of the powers conferred by sections 105(1), 114 and 117(5) of the Local Democracy, Economic Development and Construction Act 2009^f1 (“the Act”).

A proposal for the making of this Order has been prepared by the West Midlands Combined Authority and submitted to the Secretary of State, in accordance with section 112A^f2 of the Act (“the proposal”).

In making this Order, the Secretary of State has had regard to the proposal and considers, that—

(a)

in accordance with section 113(1)(a)^f3 of the Act, that the “statutory test” in section 110(6)^f4 of the Act is satisfied and that it is appropriate to make this Order in relation to the area (which has the same meaning as “the combined area” in article 2 of the West Midlands Combined Authority (Functions and Amendment) Order 2017^f5) having regard to the need to secure effective and convenient local government in relation to the areas of competence^f6; and
(b)

in view of the consultation carried out in connection with the proposal by the West Midlands Combined Authority in accordance with section 112A(3) of the Act, no further consultation is necessary, in accordance with section 113(1)(b) and (3) of the Act.

In accordance with section 117(2)^f7 of the Act, a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.

Annotations

Footnotes

f1: 2009 c. 20. Section 114 was amended by paragraph 26 of Schedule 5 to the Cities and Local Government Devolution Act 2016 (c. 1) (“the 2016 Act”) and S.I. 2021/1265. Section 117(5) was amended by paragraph 29(3) of Schedule 5 to the 2016 Act and section 104(1) and (5) of the English Devolution and Community Empowerment Act 2026 (c. 23). There are other amendments to sections 105 and 117 but none are relevant.
f2: Section 112A was inserted by section 66(3) of the Levelling-up and Regeneration Act 2023 (c. 55) and was amended by paragraph 17 of Part 1 of Schedule 1 to the English Devolution and Community Empowerment Act 2026.
f3: Section 113 was substituted by paragraph 19 of Part 1 of Schedule 1 to the English Devolution and Community Empowerment Act 2026.
f4: Section 110 was substituted by paragraph 16 of Part 1 of Schedule 1 to the English Devolution and Community Empowerment Act 2026.
f5: S.I. 2017/510, amended by S.I. 2018/880, S.I. 2022/71, S.I. 2022/576 and S.I. 2026/519.
f6: “Areas of competence” is defined in section 2 of the English Devolution and Community Empowerment Act 2026, with “transport and infrastructure” being a subject specified at paragraph (a) of that section.
f7: Section 117(2) was substituted by section 13(2) of the Localism Act 2011 (c. 20) and amended by section 104(1) and (2) of the English Devolution and Community Empowerment Act 2026. There are other amendments to section 117 but none are relevant.