Section 104CA Decision-makingF1

(1)

This section applies to any decision of a combined authority.

(2)

A decision of a non-mayoral combined authority is to be made by a simple majority of the voting members present and voting on that question at a meeting of the combined authority.

(3)

A decision of a mayoral combined authority is to be made by a simple majority of the voting members present and voting on that question at a meeting of the combined authority; and such a majority must include the mayor, or the deputy mayor acting in place of the mayor.

(4)

But if—

(a)

the office of mayor is vacant, and

(b)

there is no deputy mayor,

the decision is to be made by a simple majority of the other voting members present and voting on that question at a meeting of the combined authority.

(5)

On a decision of any combined authority—

(a)

each voting member has one vote;

(b)

in the case of a tied vote—

(i)

no person has a casting vote; and

(ii)

the combined authority must be regarded as having disagreed to the question that the decision should be made.

(6)

Subsections (1) to (5) are subject to provision made in any other enactment (whenever passed or made).

(7)

That includes an order under this Part or regulations under Schedule 27 to the English Devolution and Community Empowerment Act 2026.

(8)

In this section “voting member” means—

(a)

in relation to a decision of a non-mayoral combined authority—

(i)

a person appointed by a constituent council to be a member of the combined authority (a “constituent member”) or a person acting as a member of the combined authority in the absence of the constituent member, and

(ii)

a non-constituent member (within the meaning of section 104A) who is a voting member in relation to the decision by virtue of a resolution under section 104A(4) or a person acting as a member of the combined authority in the absence of the non-constituent member;

(b)

in relation to a decision of a mayoral combined authority—

(i)

(ii)

(iii)

the mayor, or the deputy mayor acting in place of the mayor.

Annotations

Textual amendments

F1: Ss. 104CA, 104CB inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), ss. 6(5), 108(1)(3) (with s. 102)

Notes on Chapter 2

Textual amendments

F1: Pt. 6 Ch. 2 heading inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), ss. 15(2)(b), 108(1)(3) (with s. 102)

Notes on Functions of combined authorities

Textual amendments

F1: S. 103A and cross-heading inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), ss. 5(2), 108(1)(3) (with s. 102)