Cities and Local Government Devolution Act 2016

13 Changes to existing EPB E+W

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

(2) In section 100 (review by authorities: existing EPB)—

(a) in subsection (1), for “a review of one or more EPB matters.” substitute “a review of—

(a) a matter in relation to which an order may be made under section 95 or 96;

(b) a matter concerning the EPB that the EPB has power to determine.”;

(b) omit subsection (3).

(3) In section 101 (preparation and publication of scheme: existing EPB)—

(a) in subsection (1), for “any one or more of sections 89, 91, 92, 95 and 96” substitute “ section 95 or 96 ”;

(b) in subsection (2), omit “or powers”.

(4) After section 101, insert—

“101A Application in respect of change to constitution, functions or funding: existing EPB

(1) Any one or more of the authorities to whom this section applies may, in relation to an existing EPB, apply to the Secretary of State in respect of one or more EPB matters.

(2) This section applies to—

(a) the EPB;

(b) a county council whose area, or part of whose area, is within the area of the EPB;

(c) a district council whose area is within the area of the EPB.

(3) For the purposes of this section an “EPB matter” is a matter in relation to which an order may be made under any of sections 89, 91 and 92.

(4) An application to the Secretary of State under subsection (1) must—

(a) be made in writing;

(b) specify how the exercise of the power to make an order under any one or more of sections 89, 91 and 92 would be likely to improve—

(i) the exercise of statutory functions relating to economic development and regeneration in the area of the EPB, or

(ii) economic conditions in the area of the EPB.

(5) An application may be made under this section only if every authority to whom this section applies consents to the making of the application.”

(5) In section 102 (requirements in connection with changes to existing EPB arrangements)—

(a) in subsection (1), after “section 101” insert “ or to an application made under section 101A ”;

(b) in subsection (2)(a), after “section 100(2)” insert “ or section 101A(2) ”.