Section 8 Combined authorities and CCAs: designation as established mayoral strategic authoritiesI1I2

After section 25 of LURA 2023 insert—

“Designation as an established mayoral strategic authority

25A

(1)

The Secretary of State may, by regulations, designate a mayoral CCA as an established mayoral strategic authority.

(2)

The Secretary of State may not designate a mayoral CCA unless the mayoral CCA has submitted to the Secretary of State a written proposal to be designated (the “designation proposal”).

(3)

The designation proposal must identify—

(a)

any provision—

(i)

that applies in relation to the mayoral CCA,

(ii)

that would not be of general application to the mayoral CCA if designated, and

(iii)

which the mayoral CCA would like to continue to apply in relation to it if designated;

(b)

any provision—

(i)

that does not apply in relation to the mayoral CCA,

(ii)

that would not be of general application to the mayoral CCA, if designated, and

(iii)

which the mayoral CCA would like the Secretary of State to make (using a power conferred by this Chapter or otherwise) so as to apply in relation to it, if designated.

(4)

If the Secretary of State decides not to designate the mayoral CCA, the Secretary of State must notify the authority in writing of the reasons for the decision.

(5)

If the Secretary of State decides not to designate the mayoral CCA, that mayoral CCA may not be designated unless another written proposal to be designated is submitted in accordance with this section.

(6)

A Minister of the Crown must not exercise any power to make subordinate legislation (whenever conferred) so as to cause a mayoral CCA to cease to be an established mayoral strategic authority.

(7)

That does not limit the making of provision that is—

(a)

in consequence of, or

(b)

otherwise in connection with,

the abolition or merger of an established mayoral strategic authority (whether the abolition or merger is provided for in secondary legislation or an Act of Parliament).

(8)

For the purposes of this section provision would be “of general application to a mayoral CCA if designated” if the provision is contained in an enactment and applies in relation to—

(a)

all established mayoral strategic authorities, or

(b)

a class of established mayoral strategic authorities which would include the mayoral CCA if designated.”

LDEDCA 2009 is amended in accordance with subsections (3) and (4).

Before section 106 insert—

“Changes to combined authorities”.

After section 106A insert—

“Designation as an established mayoral strategic authority

106B

(1)

The Secretary of State may, by order, designate a mayoral combined authority as an established mayoral strategic authority.

(2)

The Secretary of State may not designate a mayoral combined authority unless the mayoral combined authority has submitted to the Secretary of State a written proposal to be designated (the “designation proposal”).

(3)

The designation proposal must identify—

(a)

any provision—

(i)

that applies in relation to the mayoral combined authority,

(ii)

that would not be of general application to the mayoral combined authority if designated, and

(iii)

which the mayoral combined authority would like to continue to apply in relation to it if designated;

(b)

any provision—

(i)

that does not apply in relation to the mayoral combined authority,

(ii)

that would not be of general application to the mayoral combined authority, if designated, and

(iii)

which the mayoral combined authority would like the Secretary of State to make (using a power conferred by this Part or otherwise) so as to apply in relation to it, if designated.

(4)

If the Secretary of State decides not to designate the mayoral combined authority, the Secretary of State must notify the authority in writing of the reasons for the decision.

(5)

If the Secretary of State decides not to designate the mayoral combined authority, that mayoral combined authority may not be designated unless another written proposal to be designated is submitted in accordance with this section.

(6)

A Minister of the Crown must not exercise any power to make subordinate legislation (whenever conferred) so as to cause a mayoral combined authority to cease to be an established mayoral strategic authority.

(7)

That does not limit the making of provision that is—

(a)

in consequence of, or

(b)

otherwise in connection with,

the abolition or merger of an established mayoral strategic authority (whether the abolition or merger is provided for in secondary legislation or an Act of Parliament).

(8)

For the purposes of this section provision would be “of general application to a mayoral combined authority if designated” if the provision is contained in an enactment and applies in relation to—

(a)

all established mayoral strategic authorities, or

(b)

a class of established mayoral strategic authorities which would include the mayoral combined authority if designated.”