Local Democracy, Economic Development and Construction Act 2009

[F1 105B Section 105A orders: procedure E+W

(1) The Secretary of State may make an order under section 105A only if—

(a) a proposal for the making of the order in relation to the combined authority has been made to the Secretary of State [F2 — or

(i) as part of a proposal under section 109A, or

(ii) in accordance with section 112A,]

(b) the appropriate consent is given and the Secretary of State considers that the making of the order is likely to improve [F3 the economic, social and environmental well-being of some or all of the people who live or work in the area or areas to which the order relates].

(2) For the purposes of subsection (1)(b), the appropriate consent is given to the making of an order under section 105A only if—

(a) in the case of an order in relation to an existing combined authority, each appropriate authority consents;

(b) in any other case, each constituent council consents.

Paragraph (a) is subject to subsections (3) and (4).

(3) Subsection (4) applies where—

(a) an order under section 105A in relation to an existing combined authority is the first such order to be made in relation to that authority,

(b) the authority is not a mayoral combined authority, and

(c) there are one or more constituent councils who do not consent to the making of the order.

(4) For the purposes of subsection (1)(b), the appropriate consent is given to the making of the order if the combined authority and at least two constituent councils consent to the making of the order.

(5) Where an order under section 105A is made by virtue of subsection (4) of this section, the Secretary of State must make an order under section 106 to remove the area of each non-consenting constituent council from the existing area of the combined authority.

[F4 (5A) The requirements in subsection (1) do not apply where the order is made under sections 105A and 107D in relation to an existing mayoral combined authority and provides for a function—

(a) to be a function of the combined authority, and

(b) to be a function exercisable only by the mayor.

See section 107DA in relation to an order of this kind.]

(6) The requirement in subsection (1)(b) for the appropriate consent to be given to the making of an order under section 105A does not apply where—

(a) the order revokes (in whole or in part), or otherwise amends, a previous order under that section, and

(b) the only purpose of the order is to provide for a health service function of a combined authority to cease to be exercisable by the authority.

(7) In subsection (6)(b), “health service function of a combined authority” means a function which—

(a) relates to the health service, as defined by section 275(1) of the National Health Service Act 2006, and

(b) is exercisable by the combined authority by virtue of an order under section 105A.

(8) The requirement in subsection (1)(b) for the appropriate consent to be given is subject to section 106A.

(9) At the same time as laying a draft of a statutory instrument containing an order under this section before Parliament, the Secretary of State must lay before Parliament a report explaining the effect of the order and why the Secretary of State considers it appropriate to make the order.

(10) The report must include—

(a) a description of any consultation taken into account by the Secretary of State,

(b) information about any representations considered by the Secretary of State in connection with the order, and

(c) any other evidence or contextual information that the Secretary of State considers it appropriate to include.

F5 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) For the purposes of this section “the appropriate authorities” are—

(a) each county council the whole or any part of whose area is within the area for which the combined authority is, or is to be, established,

(b) each district council whose area is within the area for which the combined authority is, or is to be, established, and

(c) in the case of an order in relation to an existing combined authority, the combined authority,

and a “constituent council” is a council within paragraph (a) or (b).]

Textual Amendments

F1 Ss. 105A, 105B inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 7, 25(2)

F2 S. 105B(1)(a)(i)(ii) substituted for words (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 67(2)(a)(i), 255(2)(j) (with ss. 67(4), 247)

F3 Words in s. 105B(1)(b) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 67(2)(a)(ii), 255(2)(j) (with ss. 67(4), 247)

F4 S. 105B(5A) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 61(3), 255(2)(f) (with s. 247)

F5 S. 105B(11) omitted (26.12.2023) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 67(2)(b), 255(2)(j) (with ss. 67(4), 247)