Section 112A Proposal for changes to existing combined arrangements (locally led)F1F11
One or more authorities to which this section applies may—
prepare a proposal for the making of an order under F2section 104, 105, 105A, 106, 107, 107A, 107D or 107F any of the relevant sections in relation to an existing combined authority, and
submit the proposal to the Secretary of State.
The “relevant sections” are—
section 104 (constitution and functions: transport);
section 105 (constitution and functions: local authority functions generally);
section 105A (other public authority functions);
section 106 (changes to boundaries);
section 107 (dissolution);
section 107A (power to provide for election of mayor);
section 107D (functions of mayors: general).
This section applies to the following authorities—
the combined authority;
a county council the whole or any part of whose area is within the area of the combined authority;
a district council whose area is within the area of the combined authority;
in the case of a proposal for the making of an order under section 106 to add all or part of the area of a county council to the area of the combined authority, that county council;
in the case of a proposal for the making of an order under section 106 to add the area of a district council to the area of the combined authority, that district council.
Before submitting a proposal under this section to the Secretary of State, the authority or authorities preparing the proposal must—
F4carry out a public consultation across—
the area of the combined authority, and
in the case of a proposal for the making of an order under section 106 to add a local government area to the area of the combined authority, that local government area, and
consult any persons that the authority or the authorities consider it appropriate to consult, and
have regard to the results of the consultation in preparing the proposal for submission to the Secretary of State.
The requirements in subsection (3) may be satisfied by things done before the coming into force of this section.
Before a proposal under this section for the making of an order F5under section 104, 105, 105A or 107D is submitted to the Secretary of State, each person who would have to consent to the making of the order must consent to the submission of the proposal.
Before a proposal under this section for the making of an order under section 106 or 107 is submitted to the Secretary of State, the relevant consenting authorities must consent to the submission of the proposal.
Before a proposal under this section for the making of an order under section 107A is submitted to the Secretary of State, the constituent councils and the combined authority must consent to the submission of the proposal.
If a proposal under this section is submitted to the Secretary of State by an authority, the authority is to be treated as having consented to its submission for the purposes of subsection (5) F7, (5A) or (5B).
In determining for the purposes of subsection (5) who would have to consent to the making of an order under section 104, 105, 105A or 107D, the consent of an authority is taken to be required even if the requirement for their consent under that section does not apply where a proposal is made under this section.
In determining for the purposes of subsection (5) who would have to consent to the making of an order under section 105A, subsections (3) and (4) of section 105B (limited consent requirements) are to be disregarded.
F9In determining for the purposes of subsection (5) who would have to consent to the making of an order under section 107A, section 107B(3)(b) (limited consent requirements) is to be disregarded.
F10A proposal under this section must specify the purposes to be achieved by the order which it proposes should be made.
(9A) For the meaning of the “relevant consenting authorities” in relation to an order under section 106 or 107 see sections 113ZB and 113ZC.
The Secretary of State may by regulations—
make further provision about the matters which must be addressed by a proposal under this section;
make provision about material which must be included in or submitted with a proposal under this section.
Regulations under subsection (10) may make incidental, supplementary, consequential, transitional, transitory or saving provision.
Annotations
Textual amendments
- F1
S. 112A inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 66(3), 255(2)(i) (with ss. 66(10)(12), 247)
- F2
Words in s. 112A(1)(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. 17(b) (with s. 102)
- F3
S. 112A(1A) 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. 17(c) (with s. 102)
- F4
S. 112A(3)(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. 17(d) (with s. 102)
- F5
Words in s. 112A(5) 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. 17(e) (with s. 102)
- F6
S. 112A(5A)(5B) 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. 17(f) (with s. 102)
- F7
Words in s. 112A(6) 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. 17(g) (with s. 102)
- F8
S. 112A(6A) 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. 17(h) (with s. 102)
- F9
S. 112A(8) 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. 17(i) (with s. 102)
- F10
S. 112A(9A) substituted for s. 112A(9) (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. 17(j) (with s. 102)
- F11
Words in s. 112A 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. 17(a) (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)