Paragraph 18 I1
England and Wales Not yet in force
After section 112A insert—
“Proposal to add an area to an existing area of a combined authority (Secretary of State directed)
112B(1)The Secretary of State may prepare a proposal under this section for the making of an order under section 106 to add a local government area to an existing area of a combined authority only if the following requirements are met.
(2)The local government area, or any part of it, is not within the area of a combined authority or combined county authority.
(3)At the time the Secretary of State starts to prepare the proposal—
(a)no relevant proposals have been submitted to the Secretary of State in relation to the local government area (or any part of that area), or
(b)a relevant proposal has been so submitted but the Secretary of State does not consider it to be a viable proposal.
(4)A “relevant proposal” is a proposal—
(a)under section 109A to establish a new combined authority;
(b)under section 45 of the Levelling-up and Regeneration Act 2023 to establish a new combined county authority;
(c)under section 112A to add an area to the existing area of a combined authority;
(d)under section 47 of the Levelling-up and Regeneration Act 2023 to add an area to the existing area of a combined county authority.
(5)The Secretary of State has had regard to whether the statutory test would be met in relation to the order that the proposal would give effect to (and for that purpose the reference in the statutory test to “the area” is to the proposed area).
(6)The Secretary of State must give notice of any proposal prepared under subsection (1) (including a copy of the proposal) to—
(a)any district council whose area would be added to the area of the combined authority,
(b)any county council any of whose area would be added to the area of the combined authority,
(c)if the combined authority is a mayoral combined authority, the mayor,
(d)the constituent councils of the combined authority, and
(e)any other persons that the Secretary of State considers appropriate.
(7)The notice under subsection (6) must specify the period before the end of which any notified person may make representations in writing to the Secretary of State.
(8)In this section—
“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
“notified person” means a person notified about a proposal under this section in accordance with subsection (6);
“proposed area” means the area of a combined authority after the local government area that is proposed to be added to it has been added to the area;
Annotations
Commencement
- I1
Sch. 1 para. 18 not in force at Royal Assent, see s. 108(1)(3)(6)