OpenLegislation

Section 25 Changes to boundaries of a CCA’s areaI1

England and Wales

(1)

The Secretary of State may by regulations change the boundaries of a CCA’s area by—

(a)

adding a relevant local government area to an existing area of a CCA, or

(b)

removing a relevant local government area from an existing area of a CCA.

(2)

In this section “relevant local government area” means—

(a)

the area of a two-tier county council,

(b)

the area of a unitary county council, or

(c)

the area of a unitary district council.

(3)

Regulations under subsection (1)(b)—

(a)

may transfer functions relating to the relevant local government area from the CCA to any other public authority;

(b)

may provide for any function of the CCA relating to the area to be no longer exercisable in relation to that area.

(4)

In subsection (3)(a) “public authority” includes—

(a)

a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975,

(b)

a government department,

(c)

a county council, and

(d)

a district council.

(5)

Regulations may be made under subsection (1) only if the area to be created by the regulations meets conditions A and B in section 9.

F1(6)

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(7)

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(8)

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(9)

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(10)

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(11)

Subsection (12) applies if a CCA has made provision about its constitution under regulations under section 10(1).

(12)

A decision about any change to that provision as a result of regulations under subsection (1) is to be decided at a meeting of the CCA by a simple majority of the voting members of the CCA who are present at the meeting.

(13)

A reference in this section 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.

Annotations

Textual amendments

F1

S. 25(6)-(10) omitted (29.4.2026 except so far as it relates to Sch. 1 paras. 18, 39 of the amending Act) by virtue of English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 1 para. 32 (with s. 102) (with saving and transitional provision in S.I. 2026/482, regs. 1(2), 2)

Commencement

I1

S. 25 in force at 26.12.2023, see s. 255(2)(c)