Part 6Economic prosperity boards and combined authorities

Requirements in connection with orders about combined authorities

110Requirements in connection with establishment of combined authority

(1)

F1The Secretary of State may make an order establishing a combined authority for an area only if, having regard to a scheme prepared and published under section 109, the Secretary of State considers that to do so is likely to improve—

(a)

the exercise of statutory functions relating to transport in the area,

(b)

the effectiveness and efficiency of transport in the area,

(c)

the exercise of statutory functions relating to economic development and regeneration in the area, and

(d)

economic conditions in the area.

F1The Secretary of State may make an order establishing a combined authority for an area only if—

(a)

the Secretary of State considers that to do so is likely to improve the exercise of statutory functions in the area or areas to which the order relates,

(b)

the constituent councils consent, and

(c)

any consultation required by subsection (2) has been carried out.

(1A)

If a scheme for the establishment of the combined authority has been prepared and published under section 109 the Secretary of State must have regard to that scheme in making the order.

(2)

F1Before making the order, the Secretary of State must consult—

(a)

each appropriate authority, and

(b)

such other persons (if any) as the Secretary of State considers appropriate.

F1The Secretary of State must carry out a public consultation unless—

(a)

a scheme has been prepared and published under section 109,

(b)

the constituent councils carried out a public consultation in connection with the proposals contained in the scheme and provided the Secretary of State with a summary of the consultation responses, and

(c)

the Secretary of State considers that no further consultation is necessary.

(3)

F1For the purposes of this section—

(a)

a county council is an appropriate authority if the area of the county council, or part of that area, is within the area for which the combined authority is to be established;

(b)

a district council is an appropriate authority if the area of the district council is within the area for which the combined authority is to be established;

(c)

an EPB is an appropriate authority if the EPB's area, or part of its area, is within the area for which the combined authority is to be established;

(d)

an ITA is an appropriate authority if the ITA's integrated transport area, or part of that area, is within the area for which the combined authority is to be established.

F1In this section “constituent council” means—

(a)

a county council the whole or any part of whose area is within the area for which the combined authority is to be established, or

(b)

a district council whose area is within the area for which the combined authority is to be established.

F2(3A)

Subsection (3B) applies where the Secretary of State is considering whether to make an order establishing a combined authority for an area and—

(a)

part of the area is separated from the rest of it by one or more local government areas that are not within the area, or

(b)

a local government area that is not within the area is surrounded by local government areas that are within the area.

(3B)

In deciding whether to make the order, the Secretary of State must have regard to the likely effect of the creation of the proposed combined authority on the exercise of functions equivalent to those of the proposed combined authority's functions in each local government area that is next to any part of the proposed combined authority area.

(4)

In making the order, the Secretary of State must have regard to the need—

(a)

to reflect the identities and interests of local communities, and

(b)

to secure effective and convenient local government.