Section 104D Review of combined authority’s constitutional arrangementsF1

(1)

This section applies if an order under section 104(1) (constitution of combined authority) enables a combined authority to make provision about its constitution (“constitutional provision”).

(2)

An appropriate person may carry out a review of the combined authority’s constitutional provision if—

(a)

an appropriate person proposes a review, and

(b)

the combined authority consents to the review.

(3)

If an appropriate person carries out a review under subsection (2), they may propose changes to the combined authority’s constitutional provision as a result of the review for agreement by the authority.

(4)

The question of whether to consent under subsection (2)(b) or to agree to changes proposed under subsection (3) 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)

In the case of a mayoral combined authority—

(a)

a majority in favour of consenting under subsection (2)(b) does not need to include the mayor, but

(b)

a majority in favour of changes proposed under subsection (3) must include the mayor.

(6)

The 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.

(7)

Subsection (4) applies instead of—

(a)

any provision of an order under section 104(1) made before the coming into force of this section which is about the procedure applying to a decision on a question of a kind mentioned in subsection (4), and

(b)

any constitutional provision of a combined authority about such procedure.

(8)

In this section “appropriate person”, in relation to a combined authority, means—

(a)

a member of the authority appointed by a county council the whole or any part of whose area is within the area of the authority,

(b)

a member of the authority appointed by a district council whose area is within the area of the authority, or

(c)

the mayor for the area of the authority (if it is a mayoral combined authority).

Annotations

Textual amendments

F1: S. 104D inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 58, 255(2)(d) (with s. 247)

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)