Paragraph 19 I1

For section 113 substitute—

“Requirements in connection with changes to existing combined arrangements

113

(1)

The Secretary of State may make an order under any of the relevant sections in relation to an existing combined authority only if—

(a)

the Secretary of State considers that the statutory test is met, and

(b)

any consultation required by subsection (3) or (4) has been carried out.

(2)

The “relevant sections” are—

(a)

section 104 (constitution and functions: transport);

(b)

section 105 (constitution and functions: local authority functions generally);

(c)

section 105A (other public authority functions);

(d)

section 107A (power to provide for election of mayor);

(e)

section 107D (functions of mayors: general).

(3)

If the order implements a proposal submitted to the Secretary of State in accordance with section 112A, the Secretary of State must consult such persons (if any) as the Secretary of State considers it necessary to consult about the proposal.

(4)

In any other case, the Secretary of State must consult the relevant consultees.

(5)

Subsection (4) does not apply if the order is made in accordance with the requirements under section 107B(3).

(6)

The “relevant consultees” for the purposes of subsection (4)—

(a)

in relation to a mayoral combined authority means—

(i)

the constituent councils, and

(ii)

the mayor;

(b)

in relation a non-mayoral combined authority means—

(i)

the constituent councils, and

(ii)

the combined authority.

(7)

In this section, “statutory test” has the meaning given by section 110(6).”