Section 106A Section 106(1)(a) orders: consent requirements under other powersF1

England and Wales

(1)

Subsection (2) applies where—

(a)

the area of a district council is added to the area of a combined authority by an order under section 106(1)(a),

(b)

the area of the district council forms part of the area of a county council,

(c)

the Secretary of State proposes to exercise a relevant power as a result of, or otherwise in connection with, the making of the order, and

(d)

(apart from subsection (2)) the relevant power is exercisable only with the consent of (among other authorities) the county council mentioned in paragraph (b).

(2)

The relevant power is exercisable whether or not the county council consents.

(3)

Subsection (4) applies where—

(a)

the area of a county council is added to the area of a combined authority by an order under section 106(1)(a),

(b)

the area of the county council includes the areas of district councils,

(c)

the Secretary of State proposes to exercise a relevant power as a result of, or otherwise in connection with, the making of the order, and

(d)

(apart from subsection (4)) the relevant power is exercisable only with the consent of (among other authorities) a district council within paragraph (b).

(4)

The relevant power is exercisable whether or not the district council consents.

(5)

In this section, “relevant power” means a power—

(a)

to make an order under section 104, 105 or 105A, or

(b)

to make regulations under—

(i)

section 74 of the Local Government Finance Act 1988 (by virtue of F2subsection (8B) or (8C) of that section), or

(ii)

section 23(5) of the Local Government Act 2003.

Annotations

Textual amendments

F1: S. 106A 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(6), 25(2)
F2: Words in s. 106A(5)(b) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), ss. 14(10)(b), 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 Changes to combined authorities

Textual amendments

F1: S. 106 cross-heading inserted (29.4.2026 for specified purposes, 29.6.2026 in so far as not already in force) by English Devolution and Community Empowerment Act 2026 (c. 23), ss. 8(3), 108(1)(5) (with s. 102)