Local Democracy, Economic Development and Construction Act 2009

Valid from 12/01/2010

Preparation and approval of multi-area agreements E+W

124 Proposal for multi-area agreement E+W

(1) The local authorities for an area proposed to be covered by a multi-area agreement (“the proposed area”) may request the Secretary of State to give a direction under section 125 for the preparation and submission of a draft multi-area agreement for the proposed area.

(2) The local authorities making the request—

(a) must include all of the local authorities for the proposed area, other than any non-unitary district council for that area;

(b) may include any non-unitary district council for that area.

(3) In this Part “non-unitary district council” means a district council for an area that is part of the area of a county council.

(4) The request must be made in writing and must—

(a) identify the local authorities making the request,

(b) nominate one of them to be responsible for preparing and submitting the draft, and

(c) identify the proposed area.

(5) The local authorities making the request must have regard to any guidance issued by the Secretary of State about such requests.

125 Direction to prepare and submit draft multi-area agreement E+W

(1) If a request is made in accordance with section 124, the Secretary of State may direct the responsible authority to prepare a draft multi-area agreement for the proposed area and submit it to the Secretary of State.

(2) The draft must specify, in relation to each improvement target—

(a) the persons or persons to whom the target relates, and

(b) where the target does not relate to the whole of the proposed area, the part or parts of the area to which it relates.

(3) The draft must specify the period for which the multi-area agreement is to have effect.

(4) A direction under this section—

(a) may specify the date by which the draft must be submitted to the Secretary of State;

(b) may be varied or revoked.

126 Preparation of draft multi-area agreement E+W

(1) In preparing a draft multi-area agreement in accordance with a direction under section 125, the responsible authority must consult—

(a) each of the other local authorities for the proposed area,

(b) each partner authority for that area, and

(c) such other persons as appear to it to be appropriate.

(2) In preparing the draft, the responsible authority must co-operate with—

(a) each of the other local authorities for the proposed area, and

(b) each partner authority for that area,

in determining the improvement targets relating to that local authority or partner authority that are to be specified in the draft.

(3) In preparing the draft, the responsible authority must have regard to any guidance issued by the Secretary of State.

(4) In determining the improvement targets relating to it which are to be specified in the draft, each of the other local authorities, and each partner authority, for the proposed area must—

(a) co-operate with the responsible authority, and

(b) have regard to any guidance issued by the Secretary of State.

127 Approval of draft multi-area agreement E+W

(1) If a draft multi-area agreement is submitted to the Secretary of State under section 125, the Secretary of State may by notice in writing to the responsible authority—

(a) approve the draft,

(b) require the responsible authority to modify the draft, or

(c) reject the draft.

(2) If the Secretary of State approves a draft multi-area agreement, a multi-area agreement in the form of the draft has effect for the period specified in it.

(3) A requirement to modify a draft multi-area agreement operates for the purposes of section 125 as a direction under that section to prepare and submit a further draft of a multi-area agreement.

(4) If the Secretary of State rejects a draft multi-area agreement, the Secretary of State may not give a further direction under section 125 based on the same request under section 124.

128 Submission of existing multi-area agreement E+W

(1) This section applies to a multi-area agreement prepared otherwise than in accordance with a direction under section 125.

(2) The local authorities for the area covered by the agreement may—

(a) submit the agreement to the Secretary of State, and

(b) request the Secretary of State to approve the agreement under section 129.

(3) The local authorities making the request—

(a) must include all of the local authorities for the area covered by the agreement, other than any non-unitary district council for that area;

(b) may include any non-unitary district council for that area.

(4) Before making the request, the local authorities must consult—

(a) any other local authority for the area covered by the agreement, and

(b) each partner authority for that area.

(5) The agreement must specify, in relation to each improvement target—

(a) the persons or persons to whom the target relates, and

(b) where the target does not relate to the whole of the proposed area, the part or parts of the area to which it relates.

(6) The agreement must specify the period for which it has effect.

(7) The request must be made in writing and must—

(a) identify the local authorities making the request,

(b) nominate one of them as the responsible authority in relation to the agreement,

(c) identify the area covered by the agreement, and

(d) provide information about the outcome of the consultation under subsection (4).

(8) The local authorities making the request must have regard to any guidance issued by the Secretary of State about such requests.

129 Approval of existing multi-area agreement E+W

(1) If a multi-area agreement is submitted to the Secretary of State in accordance with section 128, the Secretary of State may approve the agreement by notice in writing to the responsible authority.

(2) An agreement approved under this section has effect for the purposes of this Part for the period specified in it.