Section 204 Removal or restriction of planning functionsC1C2C3C4C5
England and Wales
This section applies if an order establishing an MDC (“the MDC”) has been made.
The Mayor may decide in relation to a function conferred on the MDC as a result of a decision under section 202(2), (3) F1, (3A) or (4)—
that the MDC is to cease to have the function, whether in all respects or in respects specified in the decision, or
that the exercise of the function by the MDC is to be subject to restrictions specified in the decision.
If the Mayor makes a decision under subsection (2) (“the new decision”), the Mayor may decide that any provision made under section 198(2) in consequence of a decision under section 202(5) should, in consequence of the new decision, be amended or revoked as specified in the decision under this subsection.
A reference in subsection (2) or (3) to a decision under a provision of section 202 is, where that decision has been varied (whether once or more than once) under section 202(6), a reference to that decision as varied.
If the Mayor makes a decision under subsection (2) or (3), the Mayor must—
publicise the decision, and
notify the Secretary of State of the decision.
The Secretary of State must give effect to a decision notified under subsection (5) by exercising the power to amend the order under 198(2) that establishes the MDC (see section 14 of the Interpretation Act 1978).
Annotations
Textual amendments
- F1
Word in s. 204(2) inserted (14.4.2026) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 176(4), 255(7) (with s. 247); S.I. 2026/168, reg. 2(c)
Modifications
- C1
Pt. 8 Ch. 2 applied (with modifications) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 11(1)(2), Sch. 3
- C2
S. 204: functions made exercisable (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 10
- C3
Pt. 8 Ch. 2 applied (with modifications) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 40(1), Sch. 6 (with art. 9)
- C4
Pt. 8 Ch. 2 applied (with modifications) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 40(2), Sch. 6 (with art. 9)
- C5
S. 204: functions made exercisable (7.5.2024) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(3), 27(1)-(3)
Notes on Part 8
Textual amendments
- F1
Words in Pt. 8 heading inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 20 para. 2 (with s. 102)
Modifications
- C1
Pt. 8 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/612), arts. 1(3), 4(1)(2), Sch.
- C2
Pt. 8 applied (with modifications) (8.5.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(3), 11(1)(2), Sch. 4
Notes on Chapter 2
Modifications
- C1
Pt. 8 Ch. 2 applied (with modifications) (3.3.2017) by The Tees Valley Combined Authority (Functions) Order 2017 (S.I. 2017/250), arts. 1(2), 4(1)(2), Sch. (with arts. 3, 4(3))
- C2
Pt. 8 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/612), arts. 1(3), 4(1)(2), Sch.
- C3
Pt. 8 applied (with modifications) (8.5.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(3), 11(1)(2), Sch. 4
- C4
Pt. 8 Ch. 2 applied (with modifications) (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 13(1)(2), Sch. 4
- C5
Pt. 8 Ch. 2 applied (with modifications) (8.5.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(4), 14(1), Sch. 3
- C6
Pt. 8 Ch. 2 applied (with modifications) (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 16, Sch. 4 (with art. 28)
- C7
Pt. 8 Ch. 2 applied (with modifications (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 12, Sch. 3
- C8
Pt. 8 Ch. 2 applied (with modifications) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 15, Sch. 3
- C10
Pt. 8 Ch. 2: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)
- C11
Pt. 8 Ch. 2 applied (with modifications) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 12(1)(2), Sch. 3
- C14
Pt. 8 Ch. 2 applied (with modifications) (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 19(2)(3), Sch. 4 para. 2
- C15
Pt. 8 Ch. 2 applied (with modifications) (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 11(1)(2), Sch. 3