Section 113 Requirements in connection with changes to existing combined arrangementsI1
England and Wales
The Secretary of State may make an order under section 104, 105, F3105A, 106, 107, 107A, 107D or 107F in relation to an existing combined authority only if—
the Secretary of State considers that to do so is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area,
the Secretary of State considers that to do so is appropriate having regard to the need—
to secure effective and convenient local government, and
to reflect the identities and interests of local communities,
where a proposal for the making of the order has been submitted under section 112A, the Secretary of State considers that making the order will achieve the purposes specified under subsection (9) of that section, and
any consultation required by subsection (2) has been carried out.
If a proposal for the making of the order has been submitted under section 112A, the Secretary of State must have regard to the proposal in making the order.
The Secretary of State must carry out a public consultation unless—
a proposal has been prepared under section 112A,
a public consultation has been carried out in connection with the proposal and the Secretary of State has been provided with a summary of the consultation responses, and
the Secretary of State considers that no further consultation is necessary.
Subsection (2B) applies where the Secretary of State is considering whether to make an order under section 106 and—
part of the area to be created is separated from the rest of it by one or more local government areas that are not within the area, or
a local government area that is not within the area to be created is surrounded by local government areas that are within the area.
In deciding whether to make the order under section 106, the Secretary of State must have regard to the likely effect of the change to the combined authority's area on the exercise of functions equivalent to those of the combined authority's functions in each local government area that is next to any part of the area to be created by the order.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section does not apply to an order under section 106(1)(b) that is made as a result of the duty in section 105B(5) or 107B(4).
The Secretary of State may make an order under any of the relevant sections in relation to an existing combined authority only if—
the Secretary of State considers that the statutory test is met, and
any consultation required by subsection (3) or (4) has been carried out.
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 107A (power to provide for election of mayor);
section 107D (functions of mayors: general).
If the order implements a proposal submitted to the Secretary of State in accordance with section 112A, the Secretary of State must consult such persons (if any) as the Secretary of State considers it necessary to consult about the proposal.
In any other case, the Secretary of State must consult the relevant consultees.
Subsection (4) does not apply if the order is made in accordance with the requirements under section 107B(3).
The “relevant consultees” for the purposes of subsection (4)—
in relation to a mayoral combined authority means—
the constituent councils, and
the mayor;
in relation a non-mayoral combined authority means—
the constituent councils, and
the combined authority.
In this section, “statutory test” has the meaning given by section 110(6).
Annotations
Textual amendments
- F1
S. 113 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. 19 (with s. 102)
- F2
S. 113(1)-(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. 14(8), 25(2)
- F3
Words in s. 113(1) substituted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 66(5), 255(2)(i) (with ss. 66(10)(12), 247)
- F4
S. 113(1)(a)-(ab) substituted for s. 113(1)(a) (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 66(6), 255(2)(i) (with ss. 66(10)(12), 247)
- F5
S. 113(1A) substituted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 66(7), 255(2)(i) (with ss. 66(10)(12), 247)
- F6
S. 113(2)(a)(b) substituted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 66(8), 255(2)(i) (with ss. 66(10)(12), 247)
- F7
S. 113(2A)(2B) 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. 12(6), 25(2)
- F8
S. 113(3) omitted (26.10.2023) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 66(9), 255(2)(i) (with ss. 66(10)(12), 247)
- F9
S. 113(4) 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), s. 25(2), Sch. 5 para. 24
Commencement
- I1
S. 113 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)