Levelling-up and Regeneration Act 2023

64 Membership of combined authority

(1) The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.

(2) Section 104 (constitution of combined authority) is amended in accordance with subsections (3) to (7).

(3) In subsection (2), for “85” substitute “85(1) to (3)”.

(4) For subsection (2A) substitute—

“(2A) But—

(a) section 84 of that Act, in its application to a combined authority by virtue of subsection (1)(a), is subject to—

(i) sections 104A and 104B and regulations under section 104C (combined authority membership), and

(ii) sections 104D(4) and 106(3CA) and (3F) (procedure for combined authority consents), and

(b) section 85(1) of that Act, in its application to a combined authority by virtue of subsection (2), is subject to subsections (2AA) and (2B).”

(5) After subsection (2A) insert—

“(2AA) Section 85(1)(a) has effect as if it required an order which includes provision about the number and appointment of members of a combined authority to provide for the authority’s members, other than—

(a) the mayor (in the case of a mayoral combined authority),

(b) the authority’s non-constituent members (see section 104A), and

(c) the authority’s associate members (see section 104B),

to be appointed by the authority’s constituent councils.”

(6) Omit subsection (2C).

(7) In subsection (11), for “subsection (10)” substitute “this section”.

(8) After section 104 insert—

“104A Non-constituent members of a combined authority

(1) A combined authority may designate a body other than a constituent council as a nominating body for the purposes of this Part.

(2) A body may be designated under subsection (1) only if the body consents to the designation.

(3) A nominating body of a combined authority may nominate a representative of the body for appointment by the authority as a member (a “non-constituent member”).

(4) The non-constituent members of a combined authority are to be non-voting members of that authority unless the voting members resolve otherwise.

(5) A resolution under subsection (4) does not permit non-constituent members to vote on a decision whether the combined authority should consent to the making of an order under this Part.

(6) This section is subject to regulations under section 104C(4) (disapplication of this section).

(7) In this section “constituent council”, in relation to a combined authority, means—

(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.

104B Associate members of a combined authority

(1) A combined authority may appoint an individual to be a member (“an associate member”) of the combined authority.

(2) The associate members of a combined authority are to be non-voting members of the authority.

(3) This section is subject to regulations under section 104C(4) (disapplication of this section).

104C Regulations about members

(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.”

(9) In section 105 (constitution of combined authority), after subsection (3) insert—

“(3ZA) But section 92, in its application to a combined authority by virtue of subsection (3), is subject to regulations under section 104C(1) (combined authority membership).”

(10) In section 107C (deputy mayors etc), after subsection (6) insert—

“(6A) References in this section to a member of a combined authority do not include a non-constituent or associate member.”

(11) In section 107D (functions of mayors: general)—

(a) after subsection (3) insert—

“(3A) The reference in subsection (3)(b) to a member of a combined authority does not include a non-constituent or associate member.”, and

(b) after subsection (4) insert—

“(4A) An order under subsection (3)(c) must provide that the committee must not consist solely of non-constituent or associate members.”

(12) In section 107G (mayors for combined authority areas: financial provision), after subsection (6) insert—

“(6A) The reference in subsection (6)(b)(i) to a member of a combined authority does not include a non-constituent or associate member.”

(13) In section 120 (interpretation), at the appropriate places insert—

• ““associate member” has the meaning given by section 104B(1);”,”;

• ““nominating body” means a body designated under section 104A(1);”, and

• ““non-constituent member” has the meaning given by section 104A(3);”.