Local Democracy, Economic Development and Construction Act 2009

[F1 107D Functions of mayors: general U.K.

(1) The Secretary of State may by order make provision for any function of a mayoral combined authority to be a function exercisable only by the mayor.

(2) In this Part references to “general functions”, in relation to a mayor for the area of a combined authority, are to any functions exercisable by the mayor other than PCC functions.

(3) The mayor may arrange—

(a) for the deputy mayor to exercise any general function of the mayor,

(b) for another member or officer of the combined authority to exercise any such function, or

(c) so far as authorised by an order made by the Secretary of State—

(i) for a person appointed as the deputy mayor for policing and crime by virtue of an order under paragraph 3(1) of Schedule 5C, or

(ii) for a committee of the combined authority, consisting of members appointed by the mayor (whether or not members of the authority),

to exercise any such function.

[F2 (3A) The reference in subsection (3)(b) to a member of a combined authority does not include a non-constituent or associate member.]

(4) An order under subsection (3)(c)(ii) may include provision—

(a) about the membership of the committee;

(b) about the member of the committee who is to be its chair;

(c) about the appointment of members;

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

(e) about information held by the combined authority that must, or must not, be disclosed to the committee for purposes connected to the exercise of the committee's functions;

(f) applying (with or without modifications) sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989 (political balance on local authority committees etc).

[F3 (4A) An order under subsection (3)(c) must provide that the committee must not consist solely of non-constituent or associate members.]

(5) Provision in an order under subsection (1) for a function to be exercisable only by the mayor is subject to subsection (3); but the Secretary of State may by order provide that arrangements under subsection (3)—

(a) may authorise the exercise of general functions only of a description specified in the order, or

(b) may not authorise the exercise of general functions of a description so specified.

(6) Any general function exercisable by the mayor for the area of a combined authority by virtue of this Act is to be taken to be a function of the combined authority exercisable—

(a) by the mayor individually, or

(b) in accordance with arrangements made by virtue of this section or section 107E [F4 or 107EA].

(7) An order under this section may—

(a) include provision for general functions to be exercisable by the mayor subject to conditions or limitations specified in the order (including, for example, a condition for general functions to be exercisable only with the consent of the appropriate authorities (as defined by section 107B (5)));

(b) provide for members or officers of a mayoral combined authority to assist the mayor in the exercise of general functions;

(c) confer ancillary powers on the mayor for the purposes of the exercise of general functions;

(d) authorise the mayor to appoint one person as the mayor's political adviser;

(e) provide for the terms and conditions of any such appointment;

(f) provide that functions that the mayoral combined authority discharges in accordance with arrangements under section 101(1)(b) of the Local Government Act 1972 (discharge of local authority functions by another authority) are to be treated as general functions exercisable by the mayor (so far as authorised by the arrangements).

(8) Provision under subsection (7)(c) may include provision conferring power on the mayor that is similar to any power exercisable by the mayoral combined authority—

(a) under section 113A, or

(b) under an order made under section 113D,

but the power conferred on the mayor may not include a power to borrow money.

(9) [F5 Except as provided for by section 107ZA(7), an] order under this section may be made only with the consent of—

(a) the appropriate authorities (as defined by section 107B(5)), and

(b) in the case of an order made in relation to an existing mayoral combined authority, the mayor of the authority.

(10) Where an order under this section is contained in the same instrument as an order made by virtue of section 107B(3)(b), a non-consenting constituent council is not to be treated as an appropriate authority for the purposes of subsection (9) above.

[F6 (11) The requirement in subsection (9) does not apply where the order is made under section 105A and this section 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.]]

Textual Amendments

F1 Ss. 107D-107F 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. 4(1), 25(2)

F2 S. 107D(3A) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 64(11)(a), 255(2)(h) (with s. 247)

F3 S. 107D(4A) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 64(11)(b), 255(2)(h) (with s. 247)

F4 Words in s. 107D(6)(b) inserted (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 8(3), 183(1)(5)(e); S.I. 2017/726, reg. 2(a)

F5 Words in s. 107D(9) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 63(3), 255(2)(h) (with s. 247)

F6 S. 107D(11) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 61(4), 255(2)(f) (with s. 247)

Modifications etc. (not altering text)

C1 S. 107D(3) applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Fire and Rescue Functions) Order 2017 (S.I. 2017/469), arts. 1(3), 5(2)

C2 S. 107D(3) restricted (7.5.2024) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(3), 43 (with arts. 45, 50-53)