Levelling-up and Regeneration Act 2023

10 Constitutional arrangements

(1) The Secretary of State may by regulations make provision about the constitutional arrangements of a CCA.

(2) “Constitutional arrangements” in relation to a CCA means—

(a) the membership of the CCA (including the number and appointment of members of the CCA and the remuneration of, and pensions or allowances payable to or in respect of, any member of the CCA);

(b) the voting powers of members of the CCA (including provision for different weight to be given to the vote of different descriptions of member);

(c) the executive arrangements of the CCA;

(d) the functions of any executive body of the CCA.

(3) In subsection (2)(c) “executive arrangements” means—

(a) the appointment of an executive;

(b) the functions of the CCA which are the responsibility of an executive;

(c) the functions of the CCA which are the responsibility of an executive and which may be discharged by a committee of the CCA or by a body other than the CCA;

(d) arrangements relating to the review and scrutiny of the discharge of functions;

(e) access to information on the proceedings of an executive of the CCA;

(f) the disapplication of section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) in relation to an executive of the CCA or a committee of such an executive;

(g) the keeping of a record of any arrangements relating to the CCA and falling within paragraphs (a) to (f).

(4) Regulations under subsection (1) which, by virtue of subsection (2)(a), include provision about the number and appointment of members of the CCA must provide—

(a) for the members of the CCA other than—

(i) the mayor (in the case of a mayoral CCA),

(ii) the CCA’s non-constituent members (see section 11), and

(iii) the CCA’s associate members (see section 12),

to be appointed by the CCA’s constituent councils, and

(b) for each of the constituent councils to appoint at least one of its elected members as a member of the CCA.

(5) The provision which may be made by regulations under subsection (1) by virtue of subsection (2)(d) includes—

(a) provision setting up or dissolving an executive body of a CCA, or merging two or more executive bodies of a CCA;

(b) provision conferring functions on, or removing functions from, an executive body of a CCA;

(c) provision transferring functions of a CCA to an executive body of the CCA, and transferring functions of an executive body of a CCA to the CCA.

(6) Regulations under subsection (1) may not provide for the budget of a CCA to be agreed otherwise than by the CCA.

(7) The power to make regulations under subsection (1) is subject to—

(a) sections 11 and 12 and regulations under section 13(1) (non-constituent and associate members), and

(b) sections 14(4) and 25(9) and (12) (procedure for CCA consents).

(8) Regulations under subsection (1) may be made in relation to a CCA only with the consent of—

(a) the constituent councils, and

(b) in the case of regulations in relation to an existing CCA, the CCA.

(9) If the only provision made under subsection (1) in regulations under this Chapter is provision as a result of regulations under section 25(1) (changes to boundaries of a CCA’s area)—

(a) subsection (8) does not apply to the regulations under this Chapter, and

(b) subsections (6) to (13) of section 25 apply in relation to the regulations as if they contained the provision made by the regulations under subsection (1) of that section.

(10) If the only provision made under subsection (1) in regulations under this Chapter is provision as a result of regulations to which section 31 applies (procedure for direct conferral of general functions on mayor)—

(a) subsection (8) does not apply to the regulations under this Chapter, and

(b) the regulations may be made only with the consent of the mayor for the CCA.

(11) In this Chapter “constituent council”, in relation to a CCA or proposed CCA, means—

(a) a county council for an area within the CCA’s area or proposed area, or

(b) a unitary district council for an area within the CCA’s area or proposed area.