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Section 109A Proposal for new combined authority (locally led)F1F5C1

(1)

One or more authorities to which this section applies may—

(a)

prepare a proposal for the establishment of a combined authority for an area, and

(b)

submit the proposal to the Secretary of State.

(2)

This section applies to the following authorities—

(a)

a county council the whole or any part of whose area is within the proposed area;

(b)

a district council whose area is within the proposed area;

(c)

an EPB the whole or any part of whose area is within the proposed area;

(d)

an ITA the whole or any part of whose area is within the proposed area;

(e)

a combined county authority the whole or any part of whose area is within the proposed area.

(3)

In this section—

  • “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

  • “the proposed area” means the area for which the combined authority is proposed to be established.

(4)

Before submitting a proposal under this section to the Secretary of State, the authority or authorities preparing the proposal must—

(a)

F2carry out a public consultation across the proposed area on the proposal, and

consult the relevant consultees,

(b)

have regard to the results of the consultation in preparing the proposal for submission to the Secretary of State.

(F34A)

The “relevant consultees” for the purposes of subsection (4)(a) are—

(a)

the constituent councils, and

(b)

any other persons that the authority or the authorities preparing the proposal consider it appropriate to consult.

(5)

The requirements in subsection (4) may be satisfied by things done before the coming into force of this section.

(6)

If a proposal under this section is not submitted by all of the authorities to which this section applies, each authority which does not submit the proposal must consent to its submission to the Secretary of State.

(7)

F4A proposal under this section must specify the purposes to be achieved by the establishment of the combined authority.

(8)

The Secretary of State may by regulations—

(a)

make further provision about the matters which must be addressed by a proposal under this section;

(b)

make provision about material which must be included in or submitted with a proposal under this section.

(9)

Regulations under subsection (8) may make incidental, supplementary, consequential, transitional, transitory or saving provision.

Annotations

Textual amendments

F1

S. 109A inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 65(3), 255(2)(h) (with ss. 65(9), 247)

F2

S. 109A(4)(a) 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. 15(b) (with s. 102)

F3

S. 109A(4A) 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. 15(c) (with s. 102)

F4

S. 109A(7) 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. 15(d) (with s. 102)

F5

Words in s. 109A heading 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. 15(a) (with s. 102)

Modifications

C1

S. 109A applied (10.3.2026) by The Surrey (Structural Changes) Order 2026 (S.I. 2026/264), arts. 1(1), 28(1)(a)(i), 40(1)(a)(i)

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)