Paragraph 20 I1

After section 113 (inserted by paragraph 19) insert—

“Requirements in connection with boundary changes or dissolution of combined authority

113ZA

(1)

The Secretary of State may make an order under section 106 (boundary changes) or 107 (dissolution) in relation to an existing combined authority only if the following requirements are met.

(2)

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

(3)

For the purposes of subsection (2), the reference in the statutory test to “the area”—

(a)

in relation to an order under section 106, means the area after the local government area in question has been added or removed, or

(b)

in relation to an order under section 107, means the area of the combined authority.

(4)

The order must—

(a)

implement a proposal submitted to the Secretary of State in accordance with section 112A, with or without modifications,

(b)

implement a proposal of which notice was given under section 112B, with or without modifications, or

(c)

implement a proposal which the Secretary of State is satisfied that the relevant consenting authorities have consented to in principle (see sections 113ZB and 113ZC: relevant consenting authorities).

(5)

If the order falls under subsection (4)(a) or (c), the consultation requirement must be met.

(6)

If the order falls under subsection (4)(b), 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.

(7)

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

(a)

if the order falls under subsection (4)(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 (4)(c), the relevant consultees about the proposal.

(8)

Subsection (9) applies where the Secretary of State is considering whether to make an order under section 106 and—

(a)

part of the area to be created 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 to be created is surrounded by local government areas that are within the area.

(9)

In deciding whether to make the order under section 106, the Secretary of State must have regard to the likely effect of the change to the combined authority's area on the exercise of functions equivalent to those of the combined authority's functions in each local government area that is next to any part of the area to be created by the order.

(10)

In this section—

• “relevant consultee” —

  1. (a)

     in relation to an order under section 106 means—

     1. (i)

        the council of the local government area to be added to or removed from the area of the combined authority;

     2. (ii)

        if the local government area is to be added to or removed from a mayoral combined authority, the mayor of that authority;

     3. (iii)

        if the local government area is to be added to or removed from a non-mayoral combined authority, the combined authority;

     4. (iv)

        any other persons that the Secretary of State considers appropriate;

  2. (b)

     in relation to an order under section 107 means—

     1. (i)

        the constituent councils of the combined authority that is to be abolished;

     2. (ii)

        if the combined authority that is to be abolished is a mayoral combined authority, the mayor of that authority;

     3. (iii)

        if the combined authority that is to be abolished is a non-mayoral combined authority, the combined authority;

     4. (iv)

        any other persons that the Secretary of State considers appropriate;

• “statutory test” has the meaning given by section 110(6).

Relevant consenting authorities in relation to orders under section 106

113ZB

(1)

The “relevant consenting authorities” in relation to an order under section 106 means—

(a)

the relevant council for the local government area to be added to or removed from the area of the combined authority;

(b)

if the local government area is to be added to or removed from a mayoral combined authority, the mayor of that authority;

(c)

if the local government area is to be added to or removed from a non-mayoral combined authority, the combined authority.

(2)

The “relevant council” in relation to a local government area for the purposes of subsection (1)(a) is—

(a)

if the local government area is the area of a county council, the county council;

(b)

if the local government area is the area of a district council whose area does not form part of the area of a county council, the district council;

(c)

if the local government area is the area of a district council whose area forms part of the area of a county council, the district council or the county council.

(3)

If there are two relevant councils in relation to a local government area by virtue of subsection (2), the condition in subsection (1)(a) is met if—

(a)

in the case of an order adding a local government area to an existing area of a combined authority, either or both of the relevant councils consent;

(b)

in the case of an order removing a local government area from an existing area of a combined authority, both of the relevant councils consent.

(4)

Where the combined authority is a relevant consenting authority, the question of whether to consent in principle for the purpose of section 113ZA(4)(c) is to be decided at a meeting of the combined authority by a simple majority of the voting members of the authority who are present at the meeting.

(5)

A reference in subsection (4) to a voting member—

(a)

includes a substitute member who may act in place of a voting member;

(b)

does not include a non-constituent member.

Relevant consenting authorities in relation to orders under section 107

113ZC

(1)

The “relevant consenting authorities” in relation to an order under section 107 to dissolve or abolish a combined authority means—

(a)

a majority of the relevant councils;

(b)

if the combined authority that is to be abolished is a mayoral combined authority, the mayor of that authority.

(2)

The “relevant councils” for the purposes of this section are—

(a)

a county council whose area, or part of whose area, is within the area of the combined authority;

(b)

a unitary district council whose area is within the area of the combined authority.”