Part 6Economic prosperity boards and combined authorities
Combined authorities and their areas
I1C1106Changes to boundaries of a combined authority's area
1
The Secretary of State may by order change the boundaries of a combined authority's area by—
a
adding a local government area to an existing area of a combined authority, or
b
removing a local government area from an existing area of a combined authority.
2
An order may be made under this section only if—
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F12F43A
An order under this section adding or removing a local government area to or from an existing area of a mayoral combined authority may be made only if—
a
the relevant council in relation to the local government area consents, and
b
the mayor for the area of the combined authority consents.
3AA
An order under this section adding or removing a local government area to or from an existing area of a combined authority which is not a mayoral combined authority may be made only if—
a
the relevant council in relation to the local government area consents, and
b
the combined authority consents.
3B
For the purposes of F1subsections (3A)(a) and (3AA)(a) , the “relevant council” in relation to a local government area is—
a
if the local government area is the area of a county council, the county council;
b
if the local government area is the area of a district council whose area does not form part of the area of a county council, the district council;
c
if the local government area is the area of a district council whose area forms part of the area of a county council, the district council or the county council.
3C
If there are two relevant councils in relation to a local government area by virtue of subsection (3B)(c), the condition in subsection (3A)(a) F11or (3AA)(a) for the relevant council to consent is met if—
a
in the case of an order under subsection (1)(a), either or both of the relevant councils consent;
b
in the case of an order under subsection (1)(b), both of the relevant councils consent.
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3CB
Subsection (3CA) applies instead of—
a
any provision of an order under section 104(1) made before the coming into force of that subsection which is about the procedure applying to a decision on a question of the kind mentioned in that subsection, and
b
any provision made by a combined authority about its constitution under such an order about such procedure.
F143D
Where an order under subsection (1)(b) is made as a result of the duty in section 105B(5) or 107B(4)—
a
subsection (2) does not apply, and
b
neither subsection (3A) nor subsection (3AA) applies.
F73E
Subsection (3F) applies if a combined authority has made provision about its constitution under an order under section 104(1).
3F
A decision about any change to that provision as a result of an order under this section is to be decided at a meeting of the combined authority by a simple majority of the voting members of the authority who are present at the meeting.
3G
Subsection (3F) applies instead of—
a
any provision of an order under section 104(1) made before the coming into force of that subsection which is about the procedure applying to a decision on a question of the kind mentioned in that subsection, and
b
any provision made by a combined authority about its constitution under such an order about such procedure.
3H
A reference in this section to a voting member—
a
includes a substitute member who may act in place of a voting member;
b
does not include a non-constituent member.
4
Where by virtue of an order an area ceases to be part of the area of a combined authority, the order—
a
must make provision for designating an authority to be a local transport authority for the area for the purposes of section 108(4) of the Transport Act 2000 (c. 38), and
b
may transfer functions to that authority from the combined authority that was formerly the local transport authority.
5
Provision made by virtue of subsection (4) may designate different authorities for different parts of the area.
6
The reference in subsection (4)(a) to an authority does not include an ITA F3or a combined county authority.
7
Subsection (4) does not apply if the area becomes part of