# Local Democracy, Economic Development and Construction Act 2009, Section 107B: Requirements in connection with orders under section 107A

Extent: E+W+S+N.I.

(1) The Secretary of State may make an order under section 107A in relation to a combined authority's area if a proposal for there to be a mayor for the authority's area has been made to the Secretary of State —
(a) as part of a proposal under section 109A, or
(b) in accordance with section 112A,
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) An order under section 107A may also be made without any such proposal having been made if—
(a) the appropriate authorities consent, or
(b) in the case of an existing combined authority, there are one or more non-consenting constituent councils but the combined authority and at least two constituent councils consent.
(4) Where an order under section 107A is made by virtue of subsection (3)(b) of this section, the Secretary of State must make an order under section 106 to remove the area of each non-consenting constituent council from the existing area of the combined authority.
(5) For the purposes of this section “the appropriate authorities” are—
(a) each county council the whole or any part of whose area is within the area for which the combined authority is, or is to be, established,
(b) each district council whose area is within the area for which the combined authority is, or is to be, established, and
(c) in the case of an order in relation to an existing combined authority, the combined authority,
and a “constituent council” is a council within paragraph (a) or (b).
(1) The Secretary of State may make an order under section 107A for there to be a mayor for the area of an existing combined authority only if the requirements under subsection (2), (3) or (4) are met (and for any further requirements in relation to such order see section 113 (requirements in connection with changes to existing combined arrangements)).
(2) The requirement under this subsection is that a proposal for there to be a mayor for the authority’s area has been submitted to the Secretary of State in accordance with section 112A (proposal for changes to existing combined arrangements - locally led).
(3) The requirements under this subsection are that—
(a) the order does not confer any additional functions on the authority, and
(b) the order has been consented to in writing by each constituent council and the combined authority.
(4) The requirements under this subsection are that the order implements a proposal that the Secretary of State is satisfied that the constituent councils and the combined authority have consented to in principle.

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Source: https://www.legislation.gov.uk/ukpga/2009/20/section/107B (the official version)
Page: https://openlegislation.uk/local-democracy-economic-development-and-construction-act-2009/section-107B
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.