OpenLegislation

Section 105 Constitution and functions: local authority functions generallyF10I1

England and Wales

(1)

The Secretary of State may by order make in relation to a combined authority any provision that may be made in relation to an EPB under section 91 (exercise of local authority functions).

F1(2)

Section 91(5) does not apply in relation to functions exercisable by a combined authority by virtue of subsection (1).

(3)

The Secretary of State may by order make in relation to a combined authority any provision that may be made in relation to an EPB under section 92 (funding).

F2(3ZA)

But section 92, in its application to a combined authority by virtue of subsection (3), is subject to regulations under section 104C(1) (combined authority membership).

F3(3A)

An order under this section may be made in relation to F4a combined authority an existing combined authority only with the consent of—

(a)

the constituent councils F5(as defined by section 104(11)), and

(b)

F6in the case of an order in relation to an existing combined authority, the combined authority.

(F73AA)

Subsection (3A) does not apply where a proposal for the making of the order has been submitted to the Secretary of State in accordance with section 112A (proposal for changes to existing combined arrangements - locally led).

(3B)

Subsection (3A) is F8also subject to section 106A.

F9(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

S. 105(2) substituted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 6(2)(a), 25(2)

F2

S. 105(3ZA) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 64(9), 255(2)(h) (with s. 247)

F3

S. 105(3A)(3B) inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 14(4), 25(2)

F4

Words in s. 105(3A) substituted (29.4.2026 except so far as it relates to Sch. 1 paras. 18, 39) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 1 para. 4(a)(i) (with s. 102)

F5

Words in s. 105(3A)(a) omitted (29.4.2026 except so far as it relates to Sch. 1 paras. 18, 39) by virtue of English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 1 para. 4(a)(ii) (with s. 102)

F6

Words in s. 105(3A)(b) omitted (29.4.2026 except so far as it relates to Sch. 1 paras. 18, 39) by virtue of English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 1 para. 4(a)(iii) (with s. 102)

F7

S. 105(3AA) inserted (29.4.2026 except so far as it relates to Sch. 1 paras. 18, 39) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 1 para. 4(b) (with s. 102)

F8

Word in s. 105(3B) inserted (29.4.2026 except so far as it relates to Sch. 1 paras. 18, 39) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 1 para. 4(c) (with s. 102)

F9

S. 105(4) omitted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by virtue of Cities and Local Government Devolution Act 2016 (c. 1), ss. 9(5), 25(2)

F10

Words in s. 105 heading substituted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 6(2)(b), 25(2)

Commencement

I1

S. 105 in force at 17.12.2009 by S.I. 2009/3318, art. 2(a)

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)