Paragraph 41 I1

After section 48 insert—

“Requirements in connection with boundary changes or dissolution of CCA

48A

(1)

The Secretary of State may make regulations under section 25 (boundary changes) or 26 (dissolution) in relation to an existing CCA 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 regulations under section 25, means the area after the local government area in question has been added or removed, or

(b)

in relation to regulations under section 26, means the area of the CCA.

(4)

The regulations must—

(a)

implement a proposal submitted to the Secretary of State in accordance with section 47 (proposal for changes to existing arrangements relating to CCA, locally led), with or without modifications,

(b)

implement a proposal of which notice was given under section 47A (proposal to add an area to an existing area of a CCA, Secretary of State directed), 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 48B and 48C: relevant consenting authorities).

(5)

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

(6)

If the regulations fall under subsection (4)(b), the Secretary of State must in making the regulations 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 regulations fall under subsection (4)(a), such persons (if any) as the Secretary of State considers it necessary to consult about the proposal that the regulations will implement;

(b)

if the regulations fall under subsection (4)(c), the relevant consultees about the proposal.

(8)

Subsection (9) applies where the Secretary of State is considering whether to make regulations under section 25 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 regulations under section 25, the Secretary of State must have regard to the likely effect of the change to the CCA’s area on the exercise of functions equivalent to those of the CCA’s functions in each local government area that is next to any part of the area to be created by the regulations.

(10)

In this section—

• “relevant consultee”—

  1. (a)

     in relation to regulations under section 25 means—

     1. (i)

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

     2. (ii)

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

     3. (iii)

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

     4. (iv)

        any other persons that the Secretary of State considers appropriate;

  2. (b)

     in relation to regulations under section 26 means—

     1. (i)

        the constituent councils of the CCA that is to be abolished,

     2. (ii)

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

     3. (iii)

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

     4. (iv)

        any other persons that the Secretary of State considers appropriate;

• “statutory test” has the meaning given by section 46(6).

Relevant consenting authorities in relation to regulations under section 25

48B

(1)

The “relevant consenting authorities” in relation to regulations under section 25 means—

(a)

the relevant council in relation to the relevant local government area to be added to or removed from the area of the CCA, and

(b)

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

(c)

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

(2)

The “relevant council” in relation to a relevant local government area 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 unitary district council, the unitary district council.

(3)

Where a CCA is a relevant consenting authority, the question of whether to consent in principle for the purpose of section 48A(4)(c) is to be decided at a meeting of the CCA by a simple majority of the voting members of the authority who are present at the meeting.

(4)

A reference in subsection (3) 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 regulations under section 26

48C

The “relevant consenting authorities” in relation to regulations under section 26 means—

(a)

a majority of the constituent councils, and

(b)

if the CCA to be abolished is a mayoral CCA, the mayor for the area of the authority.”