Section 212 Businesses, subsidiaries and other companiesC1

(1)

An MDC may carry on any business.

F1(1A)

This section does not authorise an MDC to carry on a business for—

(a)

the supply of water, electricity or gas, or

(b)

the provision of sewerage services or heat networks.

(2)

An MDC may with the consent of the Mayor—

(a)

form, or

(b)

acquire interests in,

bodies corporate.

(3)

An MDC must ensure that no subsidiary of the MDC engages in an activity which the MDC would not be required or permitted to carry on.

(4)

An MDC must ensure that no subsidiary of the MDC—

(a)

borrows from a person other than the MDC, or

(b)

raises money by the issue of shares or stock to a person other than the MDC,

without the consent of the Mayor.

(5)

In subsection (1) “business” includes undertaking.

(6)

In this section “subsidiary” has the meaning given by section 1159 of the Companies Act 2006.

F2(7)

In this section “heat networks” has the meaning given by section 216 of the Energy Act 2023.

Annotations

Textual amendments

F1: S. 212(1A) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 103(12)(a), 118(4) (with s. 116); S.I. 2025/1370, reg. 4(1)(g)
F2: S. 212(7) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 103(12)(b), 118(4) (with s. 116); S.I. 2025/1370, reg. 4(1)(g)

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

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
C12: 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)
C13: 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)
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