Part 6Economic prosperity boards and combined authorities

Combined authorities and their areas

106AF1Section 106(1)(a) orders: consent requirements under other powers

1

Subsection (2) applies where—

a

the area of a district council is added to the area of a combined authority by an order under section 106(1)(a),

b

the area of the district council forms part of the area of a county council,

c

the Secretary of State proposes to exercise a relevant power as a result of, or otherwise in connection with, the making of the order, and

d

(apart from subsection (2)) the relevant power is exercisable only with the consent of (among other authorities) the county council mentioned in paragraph (b).

2

The relevant power is exercisable whether or not the county council consents.

3

Subsection (4) applies where—

a

the area of a county council is added to the area of a combined authority by an order under section 106(1)(a),

b

the area of the county council includes the areas of district councils,

c

the Secretary of State proposes to exercise a relevant power as a result of, or otherwise in connection with, the making of the order, and

d

(apart from subsection (4)) the relevant power is exercisable only with the consent of (among other authorities) a district council within paragraph (b).

4

The relevant power is exercisable whether or not the district council consents.

5

In this section, “relevant power” means a power—

a

to make an order under section 104, 105 or 105A, or

b

to make regulations under—

i

section 74 of the Local Government Finance Act 1988 (by virtue of subsection (8) of that section), or

ii

section 23(5) of the Local Government Act 2003.