Paragraph 16 I1

For section 110 substitute—

“Requirements in connection with establishment of combined authority

110

(1)

The Secretary of State may make an order establishing a combined authority for an area (whether or not including other provision made under this Part) only if the following requirements are met in relation to the order.

(2)

The Secretary of State considers that the statutory test is met.

(3)

The order must—

(a)

implement a proposal submitted to the Secretary of State in accordance with section 109A (proposal for new combined authority - locally led), with or without modifications, or

(b)

implement a proposal which the Secretary of State is satisfied that the constituent councils have consented to in principle.

(4)

If the order falls under subsection (3)(a) or (b), the consultation requirement must be met.

(5)

If the order falls under subsection ..., the Secretary of State must in making the order have regard to any representations received before the end of the period specified in the notice.

(6)

The “statutory test” is that it is appropriate to make the order in relation to the area having regard to the need to secure effective and convenient local government in relation to the areas of competence.

(7)

The “consultation requirement” is that the Secretary of State has consulted—

(a)

if the order falls under subsection (3)(a), such persons (if any) as the Secretary of State considers it necessary to consult about—

(i)

the proposal that the order will implement, and

(ii)

any modifications to that proposal;

(b)

if the order falls under subsection (3)(b), the relevant consultees about the proposal.

(8)

Subsection (9) applies where the Secretary of State is considering whether to make an order establishing a combined authority for an area and—

(a)

part of the area is separated from the rest of it by one or more local government areas that are not within the area, or

(b)

a local government area that is not within the area is surrounded by local government areas that are within the area.

(9)

In deciding whether to make the order, the Secretary of State must have regard to the likely effect of the creation of the proposed combined authority on the exercise of functions equivalent to those of the proposed combined authority's functions in each local government area that is next to any part of the proposed area.

(10)

The requirements of this section do not apply to an order to the extent that it includes provision made under section 107F (functions of mayors: policing).

(11)

In this section—

• “areas of competence” has the meaning given by section 2 of the English Devolution and Community Empowerment Act 2026;

• “proposed area” means the area for which the combined authority is proposed to be established;

• the “relevant consultees”, in relation to subsection (7)(b) are—

  1. (a)

     the constituent councils, and

  2. (b)

     any other persons that the Secretary of State considers it appropriate to consult.”