Local Democracy, Economic Development and Construction Act 2009

[F1 104C Regulations about members E+W

(1) The Secretary of State may by regulations make provision about—

(a) constituent members of a combined authority;

(b) the mayor for the area of a combined authority in the mayor’s capacity as a member of the authority;

(c) nominating bodies of a combined authority;

(d) non-constituent members of a combined authority;

(e) associate members of a combined authority.

(2) The provision that may be made by regulations under subsection (1) includes, in particular, provision about—

(a) the cases in which a decision of a combined authority requires a majority, or a particular kind of majority, of the votes of members of a particular kind;

(b) the process for the designation of a nominating body or the removal of such a designation;

(c) the number of nominating bodies that may be designated by a combined authority;

(d) the number of non-constituent members that may be appointed by a combined authority;

(e) the appointment, disqualification, resignation or removal of a non-constituent member;

(f) the appointment of a substitute member to act in place of a non-constituent member;

(g) the maximum number of non-constituent members of a combined authority;

(h) the making by a nominating body of a combined authority of payments towards the costs of the authority;

(i) the things which may or may not be done by, or in relation to, a non-constituent member;

(j) the appointment, disqualification, resignation or removal of an associate member;

(k) the appointment of a substitute member to act in place of an associate member;

(l) the maximum number of associate members of a combined authority;

(m) the things which may or may not be done by, or in relation to, an associate member.

(3) Regulations under subsection (1) may confer a discretion on a combined authority to determine any matter.

(4) The Secretary of State may by regulations provide, in relation to a combined authority established by an order which came into force before the coming into force of this section—

(a) for the relevant provisions about membership not to apply in relation to the authority, or

(b) for the authority to determine whether the relevant provisions about membership are to apply in relation to the authority.

(5) In subsection (4) “the relevant provisions about membership” means—

(a) the amendments to section 104 made by section 64(2) to (7) of the Levelling-up and Regeneration Act 2023, and

(b) sections 104A and 104B.

(6) Regulations under subsection (1) or (4) may make incidental, supplementary, consequential, transitional, transitory or saving provision.

(7) In this section “constituent member”, in relation to a combined authority, means a member of the authority (other than any mayor for the area of the authority) appointed by—

(a) a county council the whole or any part of whose area is within the area of the authority, or

(b) a district council whose area is within the area of the authority.]

Textual Amendments

F1 Ss. 104A-104C inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 64(8), 255(2)(h) (with s. 247)